Federal Reserve Bank of San Francisco v. Eaton Corp.

82 F.3d 422 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL RESERVE BANK OF SAN FRANCISCO, a Congressionally created private corporation, Plaintiff-Appellee, v. EATON CORPORATION, a corporation; Eaton-Kenway Inc., a corporation, Defendants-Appellants. No. 95-16220. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1996. Decided April 11, 1996. Before: REINHARDT, THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORDANDUM * 2 Eaton Corporation and Eaton-Kenway Inc. (collectively Eaton) appeal the district court's order denying their motion to compel arbitration of a suit for breach of contract and other claims brought by the Federal Reserve Bank of San Francisco (the Bank). Eaton argues the district court erred in determining that a proposed arbitration clause was not adopted as a contract term. We have jurisdiction under 9 U.S.C. § 16 (a)(1)(B) and we affirm. FACTS 3 In 1991, the Bank requested proposals for an automated system to store…