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United States First Circuit


Marks 3-Zet-Ernst Marks GMBH & Co. KG v. Presstek, Inc., 05-2794

Dismissal of a suit to compel international arbitration is affirmed where: 1) the relief plaintiff sought was unavailable since it involved a hearing by an international arbitration panel under rules that the panel would not apply; 2) the court was not obligated to hold an evidentiary hearing; and 3) arguments that could have been raised before may not be raised for the first time in a motion for reconsideration.

Appellate Information

  • Decided 07/11/2006
  • Published 07/11/2006

Judges

  • LYNCH, Circuit Judge., Before TORRUELLA and LYNCH, Circuit Judges, and YOUNG, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Kevin M. Fitzgerald, with whom John E. Friberg, Jr. and Nixon Peabody LLP were on brief, for appellant.

  • For Appellees:
  • James D. Rosenberg, with whom Arpiar G. Saunders, Jr. and Shaheen & Gordon, P.A. were on brief, for appellee.
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