Torch & E&P Co, et al v. J M Huber Corp

Filing 920070706

Opinion

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 6, 2007 Charles R. Fulbruge III Clerk No. 07-20032 Summary Calendar TORCH & E&P COMPANY; VELASCO GAS COMPANY, LTD., Plaintiffs-Appellants, versus J.M. HUBER CORP., Defendant-Appellee. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CV-1786 -------------------Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* For the reasons stated by the district court, we AFFIRM. Torch got what it bargained for - the arbitrator's proper exercise of the power to apply law to fact. arbitration clause in its contract, Torch suggests that the requiring arbitration of "any...dispute...of any kind...in any way arising out of" the contract, somehow grants narrower powers to the arbitrator than a clause granting an arbitrator the power to determine "the meaning and application" of the contract. in Torch's contract is broader. * If anything, the grant of power In any event, either grant of Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 07-20032 -2power includes the power to interpret the contract, and the arbitrator here did not go outside of interpreting the contract. AFFIRMED.

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