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PUBLIC WATER, ETC. v. AMERICAN INS. CO.

No. 79-60330CV-SJ.

471 F.Supp. 1071 (1979)

PUBLIC WATER SUPPLY DISTRICT NO. 1 OF MERCER COUNTY, MISSOURI, Plaintiff-Respondent, v. The AMERICAN INSURANCE COMPANY, Defendant-Petitioner.

United States District Court, W. D. Missouri, St. Joseph Division.

June 19, 1979.

Attorney(s) appearing for the Case

Phil Hauck, Trenton, Mo., for plaintiff-respondent.

Robert A. Babcock, Kansas City, Mo., for defendant-petitioner.

MEMORANDUM AND OPINION GRANTING PLAINTIFF'S MOTION TO REMAND

JOHN W. OLIVER, Chief Judge.

Plaintiff's motion to remand presents the question of whether the forum selection clause in the Performance and Payment Bond executed by the parties to this case is valid and should be enforced. Plaintiff's motion to remand is based upon the ground that (1) the defendant specifically agreed and contracted "that any legal action filed upon the bond shall be maintained...

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