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LIFE RECEIVABLES TRUST v. SYNDICATE 102, LLOYD'S OF LONDON

Docket No. 07-1197-cv.

549 F.3d 210 (2008)

LIFE RECEIVABLES TRUST, Claimant, Life Settlements Corporation, doing business as Peachtree Life Settlements, Movant-Appellant, v. SYNDICATE 102 AT LLOYD'S OF LONDON, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 25, 2008.

Attorney(s) appearing for the Case

Jesús E. Cuza, (Jeffrey B. Sklaroff, Greenberg Traurig, LLP, New York, NY, Elliot H. Scherker, Greenberg Traurig, P.A., Miami, FL, on the brief), Greenberg Traurig, P.A., Fort Lauderdale, FL, for Appellant.

Evan L. Smoak, (R. Steven Anderson, Michael D. Haupt, Alison J. Shilling, of counsel), Barger & Wolen LLP, New York, NY, for Appellee.

Before: WESLEY and HALL, Circuit Judges, and OBERDORFER, District Judge.

WESLEY, Circuit Judge:

This appeal places squarely before us a question that has divided the circuits:2 Does section 7 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 7, authorize arbitrators to compel pre-hearing document discovery from entities not parties to the arbitration proceeding? The Eighth Circuit has held that it does, see In re Arbitration Between Sec. Life Ins. Co. of Am., 228 F.3d 865

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