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AL RUSHAID v. NATIONAL OILWELL VARCO, INC.

No. 13-20159.

757 F.3d 416 (2014)

Rasheed AL RUSHAID; Al Rushaid Petroleum Investment Corporation; Al Rushaid Parker Drilling, Limited, Plaintiffs-Appellees, v. NATIONAL OILWELL VARCO, INCORPORATED; National Oilwell Varco, L.P.; Now Oilfield Services, Incorporated; National Oilwell Varco Norway; Grant Prideco, L.P.; Grant Prideco Holdings, L.L.C.; National Oilwell Norway, A.S.; Now Oilfield Services, L.L.C., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 2, 2014.

Attorney(s) appearing for the Case

Gary P. Naftalis , Alan Roy Friedman , Kramer Levin Naftalis & Frankel, L.L.P., New York, NY, Larry Don Knippa , Houston, TX, Christopher G. Lyons , Lyons & Lurvey, P.A., Miami, FL, for Plaintiffs-Appellees.

Eileen F. O'Neill , Ware, Jackson, Lee & Chambers, L.L.P., Joshua A. Norris, Esq. , Jones Walker LLP, Houston, TX, Gary Jude Russo , Carmen Marie Rodriguez, Esq. , Jones Walker LLP, Lafayette, LA, Catherine Barrett Rice, Esq. , Jones Walker LLP, New Orleans, LA, for Defendants-Appellants.

Before OWEN, SOUTHWICK, and GRAVES, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Defendants appeal the district court's denial of a motion to compel arbitration submitted by National Oilwell Varco Norway (NOV Norway). The district court denied the motion on two grounds, concluding: (1) there was no arbitration agreement and (2) NOV Norway waived any right to arbitration by substantially invoking the judicial process to the prejudice of plaintiffs. Because we conclude that there was an arbitration agreement and...

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