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SCHOENDUVE CORP. v. LUCENT TECHNOLOGIES

No. 04-15529.

442 F.3d 727 (2006)

SCHOENDUVE CORPORATION, a California corporation, Petitioner-Appellee, v. LUCENT TECHNOLOGIES, INC., a Delaware corporation, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2006.

Attorney(s) appearing for the Case

Jeffrey K. Riffer, Jeffer, Mangels, Butler & Marmaro, Los Angeles, CA, for the respondent-appellant.

Jack Russo, Tim C. Hale, Michael Risch, Russo & Hale, Palo Alto, CA, for the petitioner-appellee.

Before O'SCANNLAIN, THOMAS, and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge.

Lucent Technologies ("Lucent") appeals the district court's order confirming an arbitration award entered in favor of Schoenduve Corporation ("Schoenduve"). Lucent asks this Court to vacate or modify the arbitration award claiming that the arbitrator (1) exceeded his authority by ruling on an issue not submitted by the parties, (2) modified or expanded the unambiguous language of the agreement requiring arbitration, and (3) failed to provide...

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