BROOK v. PEAK INTERN., LTD.

No. 01-50339.

294 F.3d 668 (2002)

Richard BROOK, Plaintiff-Appellee, v. PEAK INTERNATIONAL, LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified on Grant of Rehearing July 9, 2002.


Attorney(s) appearing for the Case

Thomas M. Lipovski (argued), Lawrence Alan Waks, Jackson Walker, Austin, TX, for Plaintiff-Appellee.

John N. McCamish, Jr. (argued), David R. Montpas, McCamish, Socks & Montpas, San Antonio, TX, for Defendant-Appellant.

Before JONES, WIENER and PARKER, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Brook and Peak International, Ltd., Brook's former employer, arbitrated their contractual dispute before an arbitrator selected by the American Arbitration Association ("AAA"). The arbitrator's award favored Peak. Brook filed a motion to vacate the arbitration award in the district court. The district court held that the arbitrator selected by the AAA was without power to decide the dispute because the AAA did not follow the selection...

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