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AVIALL, INC. v. RYDER SYSTEM, INC.

No. 201, Docket 96-7285.

110 F.3d 892 (1997)

AVIALL, INC., Plaintiff-Appellant, v. RYDER SYSTEM, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 27, 1997.

Attorney(s) appearing for the Case

Terence M. Murphy, New York City (Jones, Day, Reavis & Pogue, New York City, Andrew W. Hayes, Chrysta L. Castañeda, of counsel), for Plaintiff-Appellant.

R. Paul Wickes, New York City (Shearman & Sterling, New York City, Stuart J. Baskin, Kathryn Tabner, Amanda J. Gallagher, of counsel), for Defendant-Appellee.

Before: LUMBARD, FEINBERG and WALKER, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiff-appellant Aviall is a former wholly-owned subsidiary of defendant-appellee Ryder. Following a spin-off of Aviall to Ryder's shareholders, Aviall disputed Ryder's allocation of certain pension-related assets and liabilities in the spin-off. Pursuant to the contract governing the spin-off, Aviall sought arbitration of the dispute before KPMG Peat Marwick ("KPMG"), Ryder's outside auditor. Subsequently, however, Aviall brought this suit...

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