United States Ninth Circuit

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Kum Tat, Ltd. v. Linden Ox Pasture, LLC, 14-17472

In an interlocutory appeal of the district court's denying plaintiff's motion to compel arbitration of a claim against defendant, the appeal is dismissed where: 1) the court lacks jurisdiction because the arbitration motion relied only on state law and was not filed pursuant to the Federal Arbitration Act; 2) the district court did not clearly err in reserving for itself the question of whether the parties agreed to arbitrate; and 3) the district court did not clearly err in concluding that the parties did not form a contract.

Appellate Information

  • Decided
  • Published 2017/01/13




  • United States Ninth Circuit