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ANA DISTRIBUTION, INC. v. CMA-CGM (AMERICA) INC.

No. 04 CV 2798(JSR).

329 F.Supp.2d 565 (2004)

ANA DISTRIBUTION, INC., Plaintiff, v. CMA-CGM (AMERICA) INC., Defendant.

United States District Court, S.D. New York.

August 12, 2004.

Attorney(s) appearing for the Case

Leonard Kreinces, Kreinces & Rosenberg, P.C., Westbury, NY, for Plaintiff.

Paul Michael Keane, Sr., Cichanowicz, Callan, Keane, Vengrow & Textor, New York City, for Defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

Defendant CMA-CGM (America), Inc. ("CMA-CGM") is the U.S. branch of a common carrier headquartered in Marseilles, France. Having been sued in this Court by plaintiff Ana Distribution, Inc. ("Ana"), a New York importer of perishable agricultural commodities, CMA-CGM moves to dismiss on the basis of a forum selection clause that mandates that any such suit be brought in the Courts of Marseilles. Ana opposes or...

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