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CASA DEL CAFFE VERGNANO S.P.A. v. ITALFLAVORS, LLC

No. 13-56091.

816 F.3d 1208 (2016)

CASA DEL CAFFE VERGNANO S.P.A., a corporation organized under the laws of the Italian Republic; Caffe Vergnano USA Corp., a Delaware Corporation, Petitioners-Appellees, v. ITALFLAVORS, LLC, a Delaware limited liability company; ItalFlavors San Diego, LLC, a California limited liability company, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted March 15, 2016.

Filed March 15, 2016.

Attorney(s) appearing for the Case

James R. Ballard and Owen M. Praskievicz (argued), Schwartz Semerdjian Ballard & Cauley LLP, San Diego, CA, for Respondents-Appellants.

Calvin E. Davis (argued) and Gary A. Collis , Gordon & Rees LLP, Los Angeles, CA, for Petitioners-Appellees.

Opinion by Judge KORMAN; Dissent by Judge CALLAHAN.

OPINION

This appeal from an order pursuant to the Federal Arbitration Act granting a motion to compel arbitration raises a significant issue of whether a party to a contract containing an arbitration clause may enforce the clause notwithstanding compelling evidence that...

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