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SPECHT v. NETSCAPE COMMUNICATIONS CORP.

Docket Nos. 01-7870, 01-7872, 01-7860.

306 F.3d 17 (2002)

Christopher SPECHT, John Gibson, Michael Fagan, Sean Kelly, Mark Gruber, and Sherry Weindorf, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. NETSCAPE COMMUNICATIONS CORPORATION and America Online, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 1, 2002.

Attorney(s) appearing for the Case

Roger W. Yoerges, Wilmer Cutler & Pickering, Washington, DC (Patrick J. Carome, Joseph R. Profaizer, Darrin A. Hostetler, Wilmer Cutler & Pickering, Washington, DC, on the brief; David C. Goldberg, America Online, Inc., Dulles, VA, of counsel), for Defendants-Appellants.

Joshua N. Rubin, Abbey Gardy, LLP, New York, N.Y. (Jill S. Abrams, Courtney E. Lynch, Richard B. Margolies, Abbey Gardy, LLP, New York, NY, on the brief; James V. Bashian, Law Offices of James V. Bashian, New York, NY; George G. Mahfood, Leesfield, Leighton, Rubio & Mahfood, Miami, FL, of counsel), for Plaintiffs-Appellees.

Before McLAUGHLIN, LEVAL, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

This is an appeal from a judgment of the Southern District of New York denying a motion by defendants-appellants Netscape Communications Corporation and its corporate parent, America Online, Inc. (collectively, "defendants" or "Netscape"), to compel arbitration and to stay court proceedings. In order to resolve the central question of arbitrability presented here, we must address issues of contract formation in cyberspace. Principally, we...

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