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CHIRON CORP. v. ORTHO DIAGNOSTIC SYSTEMS, INC.

No. 99-15064.

207 F.3d 1126 (2000)

CHIRON CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. ORTHO DIAGNOSTIC SYSTEMS, INC., a New Jersey corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2000.

Attorney(s) appearing for the Case

Samuel R. Miller, Folger Levin & Kahn, San Francisco, California; Harold P. Weinberger and Gregory A. Horowitz, Kramer Levin Naftalis & Frankel, New York, New York, for the defendant-appellant.

Daniel H. Bookin and Patricia Schmiege, O'Melveny & Myers, San Francisco, California, for the plaintiff-appellee.

Before: HUG, Chief Judge, D.W. NELSON, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

This case requires us to decide whether the res judicata effect of a prior arbitration award on a subsequent arbitration is an issue to be determined by an arbitrator or by the court. We are not presented with a disagreement over whether the parties agreed to arbitrate. They clearly did, and the dispute falls squarely within their broad arbitration agreement. Rather, the issue before us is who should adjudicate the preclusive effect...

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