No. 2007-1317.

522 F.3d 1368 (2008)

DATATREASURY CORP., Plaintiff-Appellee, v. WELLS FARGO & COMPANY and Wells Fargo Bank, N.A., Defendants-Appellants, and Bank of America Corporation, Bank of America, N.A., U.S. Bancorp, U.S. Bank, N.A., Wachovia Corporation, Wachovia Bank, N.A., Suntrust Banks, Inc., Suntrust Bank, BB & T Corporation, Branch Banking and Trust Company, Bancorpsouth, Inc., Bancorp South Bank, Compass Bancshares, Inc., Compass Bank, Cullen/Frost Bankers, Inc., The Frost National Bank, First Horizon National Corporation, First Tennessee Bank, N.A., HSBC North America Holdings, Inc., HSBC Bank USA, N.A., Harris Bankcorp, Inc., Harris, N.A., National City Corporation, National City Bank, Zions Bancorporation, Zions First National Bank, Bank of New York Co., Inc., The Bank of New York Co., Inc., Unionbancal Corporation, Union Bank of California, N.A., Bank of Tokyo-Mitsubishi UFJ, Ltd., Citizens Financial Group, Inc., Comerica Incorporated, Comerica Bank & Trust, N.A., First Citizens Bancshares, Inc., First Citizens Bank & Trust Company, Keycorp, Keybank National Association, LaSalle Bank Corporation, Deutsche Bank Trust Company Americas, LaSalle Bank, N.A., M & T Bank Corporation, M & T Bank, The PNC Financial Services Group, Inc., PNC Bank, N.A., Small Value Payments Company, LLC, Remitco, LLC, The Clearing House Payments Company, LLC, First Data Corporation, Telecheck Services, Inc., Electronic Data Systems Corp., UBS Americas, Inc., The Bank of New York, and Viewpointe Archive Services, LLC, Defendants.

United States Court of Appeals, Federal Circuit.

April 16, 2008.

Attorney(s) appearing for the Case

Karl A. Rupp, Provost Umphrey, L.L.P., of Dallas, TX, argued for plaintiff-appellee.

Jay F. Utley, Baker & McKenzie LLP, of Dallas, TX, argued for defendants-appellants. With him on the brief were John G. Flaim, Kevin M. O'Brien, Nathan A. Engels, and W. Barton Rankin. Of counsel was Kevin J. Sullivan.

Before MAYER, and BRYSON, Circuit Judges, and FOGEL, District Judge.

FOGEL, District Judge.

Wells Fargo & Company ("WFC") and Wells Fargo Bank, N.A. (collectively, "Appellants") appeal an order of the United States District Court for the Eastern District of Texas denying Appellants' motion to dismiss or stay pending arbitration litigation brought by Datatreasury Corp. ("Appellee"). This Court heard oral argument on November 6, 2007. Because the parties are not bound by the operative arbitration...

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