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KHAN v. DELL INC.

No. 10-3655.

669 F.3d 350 (2012)

Raheel Ahmad KHAN, individually and on behalf of others similarly situated v. DELL INC., Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed January 20, 2012.

Attorney(s) appearing for the Case

Kristine M. Brown, Esquire (Argued), Derin B. Dickerson, Esquire , Alston & Bird, LLP, Atlanta, GA, Craig Carpenito, Esquire , Alston & Bird, LLP, New York, NY, Counsel for Appellant.

F. Paul Bland, Jr., Esquire (Argued), Public Justice, Washington, D.C., Elizabeth Berney, Esquire , Eduard Korsinsky, Esquire , Shannon Hopkins, Esquire , Levi & Korsinsky, LLP, Michael Korsinsky, Esquire , Law Office of Michael Korsinsky, New York, NY, Counsel for Appellees.

Before: SLOVITER, GREENAWAY, JR. and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

This appeal involves a matter of first impression for this Circuit—whether Section 5 of the Federal Arbitration Act (FAA) requires the appointment of a substitute arbitrator when the arbitrator designated by the parties is unavailable. Dell, Inc., appeals from the District of New Jersey's denial of Dell's Motion to Compel Arbitration and Stay Plaintiff's Claims. Dell contends...

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