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United States Ninth Circuit


Comer v. Micor, Inc., 03-16560

Denial of defendant's petition to stay an action under ERISA for breach of fiduciary duty against defendant, investment manager for the ERISA plans at issue, and compel arbitration is affirmed since plaintiff was a nonsignatory and was not bound by an arbitration clause.

Appellate Information

  • Argued 10/18/2005
  • Decided 02/01/2006
  • Published 02/01/2006

Judges

  • KOZINSKI, Circuit Judge., Before KOZINSKI and FERNANDEZ, Circuit Judges, and HATTER, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Peter R. Boutin and Benjamin W. White, Keesal, Young & Logan, P.C., San Francisco, CA, for defendant-appellant., Daniel Feinberg and Thuy T. Le, Lewis, Feinberg, Renaker & Jackson, P.C., Oakland, CA, for plaintiff-appellee.
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