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.

Read DMA Int’l., Inc. v. Qwest Comms. Int’l., Inc., No. 08-1392

Appellate Information

Filed November 4, 2009

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

John A. Yaklevich, Moore & Yaklevich, Columbus, OH

For Appellees:

Christopher J. Koenigs, Michael B. Carroll, Sherman & Howard, L.L.C., Denver, CO

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