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POWERAGENT v. ELECTRONIC DATA SYSTEMS

No. 02-17022.

358 F.3d 1187 (2004)

POWERAGENT INC., a California corporation, Plaintiff-Appellant, v. ELECTRONIC DATA SYSTEMS CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2004.

Attorney(s) appearing for the Case

Andrew W. Hayes, Boies, Schiller & Flexner, LLP, Armonk, New York, for the plaintiff-appellant.

James G. Gilliland, Jr., Townsend and Townsend and Crew, LLP, San Francisco, California, for the defendant-appellee.

Before Edward LEAVY, Richard A. PAEZ, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted December 2, 2003 — San Francisco, California.

OPINION

BERZON, Circuit Judge:

PowerAgent Inc. ("PowerAgent") appeals the district court's orders striking its Amended Complaint and confirming an arbitration award in favor of Electronic Data Systems Corp. ("EDS"). Because PowerAgent itself argued that the arbitration panel should independently determine the arbitrability of all its claims and fails to provide a sufficient...

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