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GEOGRAPHIC EXPEDITIONS, INC. v. ESTATE OF LHOTKA

No. 09-15069.

599 F.3d 1102 (2010)

GEOGRAPHIC EXPEDITIONS, INC., Petitioner-Appellant, v. The ESTATE OF Jason LHOTKA by Elena LHOTKA, executrix; Sandra Menefee, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2010.

Attorney(s) appearing for the Case

Rodney E. Gould, Rubin Hay & Gould P.C. for Geographic Expeditions, Inc., petitioner-appellant.

Daniel U. Smith, Law Office of Daniel U. Smith, David J. Bennion, Law Offices of David J. Bennion, for the Estate of Lhotka and Sandra Menefee, respondents-appellees.

Before BETTY B. FLETCHER, RICHARD R. CLIFTON and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge:

Geographic Expeditions, Inc. ("GeoEx"), appeals the district court's dismissal of GeoEx's petition to compel arbitration for lack of subject matter jurisdiction. Fed. R.Civ.P. 12(b)(1). GeoEx contends subject matter jurisdiction exists under 28 U.S.C. § 1332(a), which provides federal jurisdiction over disputes between citizens of different states in which the amount in controversy exceeds $75,000 exclusive of interest and costs. The district...

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