Harvey

Harvey v. O'Quinn

Good Law
57 F. App'x 754
United States Court of Appeals for the Ninth CircuitFebruary 20, 2003No. 01-17247; D.C. No. CV-97-00822-JATCalifornia457 words

Opinion

Lead Opinion

MEMORANDUM *

*755 Walter L. Harvey appeals several orders from the district court for the District of Arizona, which ultimately dismissed his case. The district court declined to entertain his complaint on the merits, instead ordering him to proceed with arbitration in Houston, Texas, pursuant to a contractual arbitration clause, and subsequently refused to consider his motion to vacate or set aside the award that resulted from the arbitration, requiring that review to take place in the Southern District of Texas.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because the parties are familiar with the facts, we recite them only as necessary.

The tangled procedural problems posed by this case were made more difficult because the law governing one of the key issues changed during the pendency of the dispute. In particular, the Arizona district court’s decision not to hear Harvey’s post-arbitration motion was incorrect insofar as it was based on our decision in United States v. Ets-Hokin Corp., 397 F.2d 935 , 938-39 (9th Cir.1968) (post-arbitration motions must be brought in the district where the arbitration occurred), since that precedent was subsequently overruled by…

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