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NTCH-WA, INC. v. ZTE CORP.

No. 17-35833.

921 F.3d 1175 (2019)

NTCH-WA, INC., a Washington corporation, Plaintiff-Appellant, v. ZTE CORPORATION, a business incorporated under the laws of the People's Republic of China, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2019.

Attorney(s) appearing for the Case

Shannon Gallagher (argued), Law Office of Shannon Gallagher, Irvine, California; Joshua E. Austin , NTCH-WA Inc., Columbia, South Carolina; for Plaintiff-Appellant.

Laura Eve Besvinick (argued), Stroock & Stroock & Lavan LLP, Miami, Florida; Michael J. Kapaun , Witherspoon Kelley, Spokane, Washington; Frank T. Spano , Polsinelli PC, New York, New York; for Defendant-Appellee.

Before: Ronald M. Gould and Richard A. Paez, Circuit Judges, and Dean D. Pregerson, District Judge.

OPINION

Plaintiff-Appellant NTCH-WA, Inc. previously arbitrated breach of contract and related claims against ZTE USA, a wholly-owned subsidiary of Defendant-Appellee ZTE Corp. ZTE Corp. was not a party to that arbitration. The arbitrator denied NTCH-WA's claims, the District Court for the Middle District of Florida...

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