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· 9/22/1987

Federal Case

Citations

  • 822 F.2d 833

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that ordinarily whether a party has breached a contract and whether that breach 7 is material are triable questions of fact
  • finding that whether failure of consideration 1s “deemed material” and thus “warrant|s] rescission of a contract is a question of fact’
  • “The arbitration involved here was private, not state, action; it was conducted pursuant to contract by a private arbitrator.”
  • breach is material if it goes to the essence of the agreement
  • “The arbitration involved here 25 was private, not state, action; it was conducted pursuant to contract by a private 26 arbitrator. . . . [W]e do not find in private arbitration proceedings the state action requisite 27 for a constitutional due process claim.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.