JACOBS v. USA TRACK & FIELD

Docket No. 04-2738.

374 F.3d 85 (2004)

Regina JACOBS, Petitioner-Appellant, v. USA TRACK & FIELD and United States Anti-Doping Agency, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2004.


Attorney(s) appearing for the Case

Edward G. Williams, Stewart Occhipinti, LLP, New York, NY, for Petitioner-Appellant.

Curt Holbreich (Mario Aieta, Daniel Jacobson, Garvey Schubert Barer, of counsel), Howard Rice Nemerovski Canady Falk & Rabkin, P.C., San Francisco, CA, for Respondent-Appellee USA Track & Field, Inc.

Brent E. Rychener (Matthew Barnett, Holme Roberts & Owen LLP, Bradley I. Ruskin, Proskauer Rose LLP, of counsel) Holme Roberts & Owen LLP, Colorado Springs, CO, for Respondent-Appellee United States Anti-Doping Agency.

Before: McLAUGHLIN, CABRANES, and WALLACE, Circuit Judges.


CABRANES, Circuit Judge.

The issue presented is whether one party to an arbitration proceeding before the American Arbitration Association ("AAA") may obtain a court order, pursuant to Section 4 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., that the arbitration proceed under a particular set of AAA rules that the AAA has determined are inapplicable.

Petitioner, a world-class track athlete, appeals from the denial by the United States...

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