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05-3088•Dorcas Njenga v. Alberto Gonzales
05-3088Court of Appeals for the Eighth CircuitMar 30, 2007
1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 06-1177
___________
Michael J. Riddle, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Wachovia Securities, LLC, *
* [UNPUBLISHED]
Appellee. *
___________
Submitted: March 21, 2007
Filed: March 30, 2007
___________
Before RILEY, HANSEN, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Michael J. Riddle appeals the district court’s 1 denial of his motion to vacate an
arbitration award in favor of Wachovia Securities, LLC (Wachovia). He argues that
the district court should have vacated the award, because the arbitration panel was
guilty of misconduct in failing to postpone his hearing. Having carefully reviewed the
record before us and the parties’ briefs on appeal, see Mid American Energy Co. v.
IBEW Local 499, 345 F.3d 616, 619 (8th Cir. 2003) (standard of review), we agree
with the reasoned opinion of the district court that Riddle has failed to carry his
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burden to support vacatur of the arbitration award, see Stark v. Sandberg, Phoenix &
von Gontard, P.C., 381 F.3d 793, 802 (8th Cir. 2004) (burden rests with party seeking
vacatur of arbitration award to establish basis for such action); Delta Mine Holding
Co. v. AFC Coal Props., Inc., 280 F.3d 815, 820 (8th Cir. 2001) (grounds for
challenging arbitration award are narrowly limited, reflecting voluntary contractual
nature of commercial arbitration). Accordingly, we affirm the judgment of the district
court. See 8th Cir. R. 47B.
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