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ANR COAL CO., INC. v. COGENTRIX OF NORTH CAROLINA

No. 98-1753.

173 F.3d 493 (1999)

ANR COAL COMPANY, INCORPORATED, Plaintiff-Appellee, v. COGENTRIX OF NORTH CAROLINA, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1999.

Attorney(s) appearing for the Case

ARGUED: John G. Kester, Williams & Connolly, Washington, D.C., for Appellant. Barbara Kathryn Polich, Parsons, Behle & Latimer, Salt Lake City, Utah, for Appellee. ON BRIEF: James T. Fuller, III, Julia B. Shelton, Williams & Connolly, Washington, D.C., for Appellant. Lee A. Spinks, Cynthia V. McNeely, Poyner & Spruill, L.L.C., Charlotte, North Carolina, for Appellee.

Before ERVIN, MOTZ, and TRAXLER, Circuit Judges.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The magistrate judge in this case vacated an arbitration award, finding that the arbitrator's failure to reveal certain matters violated his "duty to disclose." Because an arbitrator's failure to disclose, in and of itself, provides no basis to vacate an award, and because the facts here do not demonstrate evident partiality by the arbitrator, we must reverse.

I.

This dispute arises from a coal...

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