United States Tenth Circuit
DMA Int'l., Inc. v. Qwest Comms. Int'l., Inc., 08-1392
In an appeal from the district court's denial of petitioner's motion to vacate an arbitral award, the order is affirmed where the arbitrator's factual findings regarding the meaning of the contract at issue could not be overturned simply because the evidence was conflicting. In addition, attorney's fees are awarded to respondent because petitioner's appeal vexatiously multiplied the proceedings.
Appellate Information
- Decided 11/04/2009
- Published 11/04/2009
Judges
- LUCERO, Circuit Judge., Before LUCERO, BALDOCK and MURPHY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Submitted on the briefs: , John A. Yaklevich, Moore & Yaklevich, Columbus, OH, for the Petitioner-Appellant.
- For Appellees:
- Christopher J. Koenigs, Sherman & Howard, L.L.C. (Michael B. Carroll, Sherman & Howard, L.L.C., and David J. Driscoll, Garlin Driscoll Howard LLC with him on the briefs), Denver, CO, for the Respondents-Appellees.