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GEIER v. M-QUBE INC.

No. 13-36080.

824 F.3d 797 (2016)

Richard A. GEIER, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. M-QUBE INC.; Mobile Messenger Americas Inc., dba Mobile Messenger, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2016.

Attorney(s) appearing for the Case

Stephen M. Rummage , Candice M. Tewell (argued), Colin G. Prince , Davis Wright Tremaine LLP, Seattle, Washington, for Defendants-Appellants.

Toby J. Marshall , Erika L. Nusser (argued), Terrell Marshall Law Group PLLC, Seattle, Washington; Darrell W. Scott , Matthew J. Zuchetto , The Scott Law Group, P.S., Spokane, Washington, for Plaintiff-Appellee.

Before: Alex Kozinski, Diarmuid F. O'Scannlain and Ronald M. Gould, Circuit Judges.

OPINION

We consider whether defendants are third-party beneficiaries of an arbitration clause that accompanied the subscription to a mobile game.

FACTS

Pow! Mobile, not a party here, is a mobile content provider that marketed a "reverse auction" game called "Bid and...

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