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ZURICH INSURANCE CO. v. PRIME, INC.

No. 04 Civ. 4697(JFK).

419 F.Supp.2d 384 (2005)

ZURICH INSURANCE COMPANY (f/k/a Alpina Insurance Company Ltd.) a/s/o Boehringer Ingelheim International GmbH, Plaintiff, v. PRIME, INC., Defendant/Third-Party Plaintiff, v. 1050758 Ontario, Inc., d/b/a S.M. Freight, Third-Party Defendant.

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

August 9, 2005.

Attorney(s) appearing for the Case

Jon Michael Dumont, James A. Wescoe, Rawle & Henderson LLP, New York City, for Defendant/Third-Party Plaintiff Prime, Inc.

Brian Del Gatto, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Stamford, Connecticut, White Plains, NY, for Third-Party Defendant 1050758 Ontario, Inc., d/b/a S.M. Freight.

MEMORANDUM OPINION and ORDER

KEENAN, District Judge.

This matter is before the Court on the Motion of third-party defendant 1050758 Ontario, Inc., d/b/a/ S.M. Freight ("S.M.Freight") to dismiss the Third-Party Complaint because of improper venue under a forum selection clause. For the reasons that follow, S.M. Freight's motion to dismiss is granted.

Facts

Plaintiff Zurich Insurance Company ("Zurich") is the cargo insurer...

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