IN RE VAN DUSEN

No. 10-73780.

654 F.3d 838 (2011)

In re Virginia VAN DUSEN; John Doe; Joseph Sheer. Virginia Van Dusen; Joseph Sheer; John Doe, Petitioners, v. United States District Court for the District of Arizona, Phoenix, Respondent, Swift Transportation Co. Inc. Interstate Equipment; Interstate Equipment Leasing, Incorporated; Chad Killebrew; Jerry Moyes, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2011.


Attorney(s) appearing for the Case

Susan Martin , Martin & Bonnett, Phoenix, AZ, for the plaintiff-appellant.

Ronald Holland , Sheppard, Mullin, Richter & Hampton, San Francisco, CA, for the defendant-appellee.

Before: PROCTER HUG, JR. and RICHARD A. PAEZ, Circuit Judges, and LIAM O'GRADY, District Judge.


OPINION

O'GRADY, District Judge:

This matter comes before us on petition for a writ of mandamus. Petitioners argue that the District Court erred by refusing to resolve their claim of exemption from arbitration under Section 1 of the Federal Arbitration Act ("FAA") and Section 12-1517 of the Arizona Arbitration Act ("AAA") before compelling arbitration pursuant to those acts. We agree that Petitioners make a strong argument that the District Court erred,...

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