Capital Wholesale Elec., Inc. v. McCarthy Const.

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CAPITAL WHOLESALE ELECTRIC, INC., Plaintiff-Counter-Defendant-Appellant, v. McCARTHY CONSTRUCTION; Mark Diversified, Inc., Defendants-Counter-Claimants-Appellees. No. 93-16578. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided March 9, 1995. 1 Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges 2 MEMORANDUM * 3 Capital Wholesale Electric, Inc. appeals the district court's refusal to vacate an arbitration award that Capital contends exceeded the arbitrator's powers and incorrectly miscalculated figures. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 4 Capital argues that the arbitration award exceeded the arbitrator's powers because the issues submitted were confined to the complaint and counterclaims, neither of which entitled McCarthy to compensatory damages in the form of an offset against Capital's award under the July 1987 settlement. 9 U.S.C. Sec. 10…