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BULKO v. MORGAN STANLEY DW INC.

No. 05-10242.

450 F.3d 622 (2006)

Simon A. BULKO, Plaintiff-Appellee, v. MORGAN STANLEY DW INC.; Shane Khubchandani, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 30, 2006.

Attorney(s) appearing for the Case

Dana Livingston Cobb, Douglas W. Alexander (argued), Alexander, Dubose, Jones & Townsend, Austin, TX, Steven John Lownds, Quilling, Selander, Cummiskey & Lownds, Dallas, TX, for Bulko.

Samara Lackman Kline (argued), Aimee Williams Moore, Baker Botts, Dallas, TX, David D. Sterling, Baker Botts, Houston, TX, for Defendants-Appellants.

Before KING, BARKSDALE and PRADO, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Morgan Stanley DW Inc., and Shane Khubchandani, a Morgan Stanley stockbroker (together, Morgan Stanley), appeal the summary judgment awarded Simon A. Bulko, vacating an arbitration award to Morgan Stanley. The district court held: one of the arbitrators was not properly qualified; and, therefore, the arbitration panel acted outside the scope of its authority. It ordered the dispute to be considered by a new arbitration panel...

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