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CK DFW PARTNERS LTD. v. CITY KITCHENS, INC.

Civil Action No. 3:06-CV-1598-D.

541 F.Supp.2d 839 (2008)

CK DFW PARTNERS LTD., et al., Plaintiffs, v. CITY KITCHENS, INC., et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

March 6, 2008.

Attorney(s) appearing for the Case

Gary E. Smith, Law Office of Gary E. Smith, Dallas, TX, for Plaintiffs.

Matthew J. Schroeder, Jeremy A. Williams, Gardere Wynne Sewell, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendants' application for attorney's fees requires the court to decide whether under California law a party to a contract who obtains dismissal of a case based on a contractual forum selection clause, but has not yet prevailed on a merits issue, can be a "prevailing party" for purposes of recovering attorney's fees under the contract. Concluding that a party who is merely successful...

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