OKLAHOMA CITY ASSOCIATES v. WAL-MART STORES, INC.

Nos. 89-6389, 89-6413.

923 F.2d 791 (1991)

OKLAHOMA CITY ASSOCIATES, Plaintiff-Appellee/Cross-Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellant/Cross-Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 26, 1991.


Attorney(s) appearing for the Case

William H. Ewing of Hangley Connolly Epstein Chicco Foxman & Ewing, Philadelphia, Pa. (Claire Rocco, Albert G. Bixler, and Gary A. Rosen of Hangley Connolly Epstein Chicco Foxman & Ewing, Philadelphia, Pa., A. Daniel Woska and Janet Chesley of Naifeh & Woska, Oklahoma City, Okl., with him on the briefs) for plaintiff-appellee/cross-plaintiff-appellant.

Jon B. Comstock of Rosenstein, Fist & Ringold, Tulsa, Okl., (Rodney C. Ramsey and Bruce V. Winston of Stewart & Elder, Oklahoma City, Okl., Craig R. Carver of Gibson, Dunn & Crutcher, Denver, Colo., with him on the briefs) for defendant-appellant/cross-defendant-appellee.

Before MOORE, TACHA and BRORBY, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This is an appeal from a judgment by the district court enforcing an arbitration award pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-15. We conclude the district court did not have subject matter jurisdiction; therefore, we remand with directions to dismiss.

The present dispute began when Wal-Mart Stores, Inc., vacated its space in a shopping center owned by Oklahoma City Associates (OKC) before the lease...

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