Theis Research, Inc. v. Brown & Bain

ORDER

The opinion in Theis Research, Inc. v. Brown & Bain, published at 386 F.3d 1180 (9th Cir.2004), is amended as follows:

1. At page 1184, the first sentence of the last beginning paragraph on that page is deleted. The deleted sentence reads:

The deleted sentence is replaced by the following sentence:

2. At page 1185, the first two sentences of the second paragraph under III MERITS are deleted. The deleted sentences read as follows:

The two deleted sentences are replaced by the following two sentences:

With the foregoing amendments, the panel has voted unanimously to deny the petition for rehearing. Judge Trott has also voted to deny the petition for rehearing en banc, and Judges Thompson and Weiner recommend denial of that petition.

The full court was advised of the petition for rehearing en banc and no judge has requested a vote on the petition for en banc rehearing. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc.are DENIED. No further petitions for panel or en banc rehearing will be entertained.

OPINION

This appeal presents the primary question whether, in a case in which a party seeks to vacate an arbitration award, the amount…