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IN RE CITIGROUP, INC.

No. 03-2221.

376 F.3d 23 (2004)

In re CITIGROUP, INC., Capital Accumulation Plan Litigation, William Lomas, On Behalf of Himself and All Others Similarly Situated, Plaintiffs, Appellees, v. Travelers Property Casualty Corp., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 16, 2004.

Attorney(s) appearing for the Case

Thomas J. Dougherty, with whom Kara E. Fay, Michael D. Blanchard, Skadden, Arps, Slate, Meagher & Flom LLP, William P. Frank, Seth M. Schwartz, and Skadden, Arps, Slate, Meagher & Flom LLP, were on brief, for appellant.

Nicholas J. Walsh, with whom Michael A. Collora, David A. Bunis and Dwyer & Collora, LLP, were on brief, for appellees.

Before TORRUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Circuit Judge.

Defendant-appellant Travelers Property Casualty Corp. ("Travelers") appeals from the district court's denial of its motion to partially stay or dismiss the class action as to certain class members under the Federal Arbitration Act, 9 U.S.C. § 1-16. The district found Travelers had waived by its conduct any arbitration rights it had. We have jurisdiction over this interlocutory appeal under 9 U.S.C. § 16. We affirm.

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