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CVS HEALTH CORP. v. VIVIDUS, LLC

No. 16-16187.

878 F.3d 703 (2017)

CVS HEALTH CORPORATION; Caremark, LLC; Caremark PCS, LLC, Plaintiffs, v. VIVIDUS, LLC, FKA HM Compounding Services, LLC; HMX Services, LLC, Defendants. Vividus, LLC, FKA HM Compounding Services, LLC; HMX Services, LLC, Petitioners-Appellants, v. Express Scripts, Inc., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2017.

Attorney(s) appearing for the Case

Lawrence Victor Ashe (argued), Boies Schiller & Flexner LLP, Miami, Florida, for Petitioners-Appellants.

Derek Shaffer (argued), Quinn Emanuel Urquhart & Sullivan LLP, Washington, D.C.; Christopher A. Smith , Husch Blackwell LLP, St. Louis, Missouri; for Respondent-Appellee.

Before: Ronald M. Gould and Mary H. Murguia, Circuit Judges, and James E. Gritzner, District Judge.

OPINION

The Federal Arbitration Act (FAA) confers upon arbitrators the power to "summon in writing any person to attend before them ... as a witness and in a proper case to bring with him ... any book, record, document, or paper which may be deemed material as evidence...

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