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ACTION INDUSTRIES v. U.S. FIDELITY & GUAR. CO.

No. 02-60765.

358 F.3d 337 (2004)

ACTION INDUSTRIES, INC., Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant. Action Industries, Inc., Plaintiff-Appellee, v. Engineered Handling Systems, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 23, 2004.

Attorney(s) appearing for the Case

David Walker Upchurch (argued), Robert K. Upchurch, Josiah D. Coleman, Holland, Ray, Upchurch & Hillen, Tupelo, MS, for Plaintiff-Appellee.

Michael Noel Watts, Robert Bradley Best (argued), Holcomb Dunbar, Oxford, MS, for Defendant-Appellant.

Before WIENER, CLEMENT, and PRADO, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Engineered Handling Systems, Inc. ("EHS") appeals the district court's confirmation of an arbitration award.1 EHS contends that the district court: (1) abused its discretion by denying EHS's motion to transfer; (2) reviewed the arbitration award under an improper vacatur standard; and (3) erroneously confirmed an award that exceeded the arbitration panel's scope...

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