131708P.pdf   08/11/2014  Richard Brown  v.  Susan Brown-Thill
   U.S. Court of Appeals Case No:  13-1708
                          and No:  13-1795
                          and No:  13-1710
                          and No:  13-1797
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Chief Judge Riley and Bye, Circuit 
   Judges] 
   Civil Case - arbitration. All issues presented in the appeal are covered 
   by the arbitration agreement and subject to this court's deferential 
   standard of review. The March 14 arbitration award may not be vacated for 
   procedural irregularities and Brown did not demonstrate the arbitrator 
   violated FAA secs. 10(a)(2), (3) or (4). The record shows Brown had 
   adequate notice of the proceeding and the arbitrator made himself 
   available and gave Brown an adequate opportunity to present and argue his 
   position. On the merits, the arbitrator acted squarely within the 
   authority granted by the Arbitration Agreement. The question of the 
   authority of the arbitrator to sign documents does not affect the award's 
   validity. As for the December 12 award, the removal issue was properly 
   submitted to the arbitrator, the arbitrator had the power to construe and 
   apply the trust agreement but the arbitrator exceeded his powers by 
   exercising the exclusively judicial function of removing the trustee on 
   statutory grounds. The decision, however, is of no practical importance 
   because Brown is no longer a co-trustee. The district court did not err in 
   denying an award of attorneys fees, as confirmation or vacation of an 
   award is part of the arbitration process and the arbitration agreement did 
   not authorize an award of attorneys fees.