WAGES v. SMITH BARNEY HARRIS UPHAM & CO.

No. 1 CA-CV 96-0091.

188 Ariz. 525 (1997)

937 P.2d 715

James WAGES and Carol Wages, husband and wife, Plaintiffs-Appellants, Cross Appellees, v. SMITH BARNEY HARRIS UPHAM & CO., a foreign corporation doing business in Arizona, Defendant-Appellee, Cross Appellant.

Court of Appeals of Arizona, Division 1, Department C.

May 1, 1997.


Attorney(s) appearing for the Case

Broadman & Hartmann by Ira S. Broadman and Robert J. Hartmann, Phoenix, for Plaintiffs-Appellants Cross Appellees.

Lewis & Roca, LLP by Patricia K. Norris and Jeff Shumway, Phoenix, Smith Barney Inc., Office of the General Counsel by David S. Friedman, New York City, for Defendant-Appellee, Cross Appellant.


OPINION

THOMPSON, Presiding Judge.

James and Carol Wages (collectively Wages) sought confirmation of an arbitration award. The trial court denied confirmation, deciding that there was "evident partiality" in the proceedings and that the arbitrators abused their discretion in barring Smith Barney Harris Upham & Co. (Smith Barney) from presenting evidence in support of its defense. For the following reasons, we affirm.

FACTS AND PROCEDURAL...

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