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OLTMAN v. HOLLAND AMERICA LINE, INC.

No. 07-35135.

538 F.3d 1271 (2008)

Jack OLTMAN, individually and as Executor of the Estate of Bernice Oltman; Susan Oltman, Plaintiffs-Appellants, v. HOLLAND AMERICA LINE, INC., a Washington corporation; Holland America Line—USA, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2008.

Attorney(s) appearing for the Case

Noah C. Davis (argued), In Pacta, PLLC, Seattle, WA, for the plaintiffs-appellants.

John P. Hayes (argued) and Paul S. Smith, Forsberg & Umlauf, P.S., Seattle, WA, for the defendants-appellees.

Before: RICHARD R. CLIFTON and N. RANDY SMITH, Circuit Judges, and BRIAN SANDOVAL, District Judge.

CLIFTON, Circuit Judge:

Jack Oltman and his mother, Bernice Oltman,1 allege that they both contracted a serious gastrointestinal illness on a cruise ship operated by Defendants Holland America Line, Inc. and Holland America Line—USA, Inc. (collectively, Holland). Together with Jack's wife Susan, they filed an action against Holland in Washington state court, which later dismissed the action based on a forum selection clause in the...

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