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W.S.B. & ASSOCIATES, INC., Petitioner-Appellant, v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1877, Respondent-Appellee

United States Court of Appeals for the Ninth Circuit2011-01-19No. No. 09-17252
409 F. App'x 993

Authorities cited

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Opinion

majority opinion

MEMORANDUM

W.S.B. & Associates, Inc. (“WSB”) raised its objection to the collective bargaining agreement’s liquidated damages clause for the first time in its motion for summary judgment. Because WSB did not sufficiently present this ground for vacating the arbitration award to the district court, its objection is waived on appeal. See Navajo Nation v. U.S. Forest Serv., 535 F.3d 1058, 1079-80 (9th Cir.2008) (en banc), cert. denied, — U.S. ---, 129 S.Ct. 2763, 174 L.Ed.2d 270 (2009); Fed.R.Civ.P. 8(a).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.