Ncr Corporation, a Foreign Corporation v. Hayes Children Leasing Company and Automatic Rain Company, Inc.

61 F.3d 911 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NCR CORPORATION, a foreign corporation, Plaintiff-Appellant, v. HAYES CHILDREN LEASING COMPANY and Automatic Rain Company, Inc., Defendants-Appellees. No. 94-16996. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1995. Decided July 24, 1995. Before: TANG, * SCHROEDER, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 NCR Corporation ("NCR") appeals the district court's denial, on Colorado River abstention grounds, of its Motion to Lift the Stay and to Compel Arbitration. We vacate and remand the district court's denial. I. Jurisdiction 3 We first decline the invitation of Hayes Children Leasing Company and Automatic Rain Company ("Hayes and ARC") to overturn the order of the motions panel denying their motion to dismiss this appeal for lack of jurisdiction. An appeal may be taken from an order denying a petition under 9 U.S.C. Sec. 4 to order arbitration to proceed. 9 U.S.C. Sec. 16…