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PGE CO v. LIBERTY MUT INS CO

No. 16-35628.

862 F.3d 981 (2017)

PORTLAND GENERAL ELECTRIC COMPANY, Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY; Zurich American Insurance Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2017.

Attorney(s) appearing for the Case

Eric D. Miller (argued), Perkins Coie LLP, Seattle, Washington; David Bledsoe , Perkins Coie LLP, Portland, Oregon; for Plaintiff-Appellee.

John Spencer Stewart (argued), Mario R. Nicholas , Thomas Ardell Larkin , and Jan D. Sokol , Stewart Sokol & Larkin LLC, Portland, Oregon, for Defendant-Appellants.

Nathan D. O'Malley (argued), Musick, Peeler & Garret LLP, Los Angeles, California, and Sara H. Kornblatt , Gibbs Giden Locher Turner Senet & Wittbrodt LLP, Los Angeles, California, for Amicus Curiae Abengoa.

Before: Jay S. Bybee and Andrew D. Hurwitz, Circuit Judges, and Jed S. Rakoff, Senior District Judge.

OPINION

If two parties enter a contract that both requires arbitration of their disputes and allows impleader of a third party, must a party that did not initiate the impleader arbitrate a dispute that arises out of the same transaction at issue in the arbitration with the impleaded third party? We hold,...

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