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· 2/4/1997

Excell, Inc. v. Sterling Boiler & Mechanical, Inc.

Citations

  • 106 F.3d 318
  • 1997 WL 41271

How courts have described this case

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

  • holding that contractual provision providing that “[j]urisdiction shall be in the State of Colorado, and venue shall lie in the County of El Paso, Colorado” was mandatory and required litigation in state district court in El Paso County, Colorado
  • noting that there were no material discrepancies in that case between the two bodies of law
  • finding that a clause stating that “venue shall lie” is a mandatory forum-selection clause
  • rejecting argument that award was erroneous because party removed under good faith interpretation of forum selection clause
  • declining to decide whether state or federal law applied to a forum-selection clause because there were no material discrepancies between Colorado and federal common law on these matters
  • “jurisdiction shall be in the State of Colorado, and venue shall lie in the County of El Paso, Colorado” mandatory

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, McWilliams, Briscoe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.