AIG BAKER STERLING HEIGHTS v. AMERICAN MULTI-CINEMA

No. 07-10130.

508 F.3d 995 (2007)

AIG BAKER STERLING HEIGHTS, LLC, A.B. Olathe II Limited Partnership, Plaintiffs-Counter-Defendants-Appellants, v. AMERICAN MULTI-CINEMA, INC., Defendant-Counter-Claimant-Appellee. American Multi-Cinema, Inc., Plaintiff-Appellee, v. AIG Baker Sterling Heights, LLC, A.B. Olathe II Limited Partnership, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 28, 2007.


Attorney(s) appearing for the Case

Clyde O'Neal Westbrook, III, James A. Harris, Jr, Harris & Harris, LLP, Birmingham, AL, for Appellants.

Scott Burnett Smith, Bradley, Arant, Rose & White, Huntsville, AL, John DeForest Watson, III, Bradley, Arant, Rose & White, Birmingham, AL, Bernard J. Rhodes, Lathrop & Gage, LC, Kansas City, MO, for Appellee.

Before MARCUS and PRYOR, Circuit Judges, and LAND, District Judge.


PRYOR, Circuit Judge:

This appeal in an action to confirm an arbitration award presents two main questions, including one that has divided our sister circuits about the interpretation of the Federal Arbitration Act: (1) whether section 11(a) of the Act, which allows a district court to correct an "evident material mistake in the description of any person, thing, or property referred to in the award," embraces a mistake by a party that was not brought to the attention...

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