· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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