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JOHNSON v. WELLS FARGO HOME MORTG., INC.

Nos. 09-15937, 09-16815.

635 F.3d 401 (2011)

Wes JOHNSON, Plaintiff-Appellee, v. WELLS FARGO HOME MORTGAGE, INC., a California corporation, DBA America's Servicing Company; Does 1 Through 20, Inclusive, Defendants-Appellants. Wes Johnson, Plaintiff-Appellant, v. Wells Fargo Home Mortgage, Inc., a California corporation, DBA America's Servicing Company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2011.

Attorney(s) appearing for the Case

Daniel F. Polsenberg (argued) and Jennifer B. Anderson , Lewis and Roca LLP, Las Vegas, NV, for Wells Fargo Home Mortgage, Inc.

Tory M. Pankopf (argued), Law Offices of Tory M. Pankopf, Reno, NV, for Wes Johnson.

Before: STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

OPINION

BERZON, Circuit Judge.

The District Court, believing it was implementing an agreement between the parties, did not review an arbitrator's award when presented with motions to confirm and to vacate the award under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. It instead passed initial review of the award onto this appellate court. We should not, and will not, permit the Congressionally-established structure of the federal courts to...

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