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OPG v. STATE STREET BANK & TRUST CO.

Civil Action No. 09-10313-NMG.

671 F.Supp.2d 213 (2009)

STICHTING PENSIOENFONDS OPG, Plaintiff, v. STATE STREET BANK AND TRUST COMPANY, Defendant.

United States District Court, D. Massachusetts.

November 10, 2009.

Attorney(s) appearing for the Case

Christopher J. Cunio, Howard P. Goldberg, Harry L. Manion, III, Cooley, Manion, & Jones, LLP, Boston, MA, for Plaintiffs.

Michael R. Dube, Andrea J. Robinson, Jeffrey B. Rudman, Wilmer Hale LLP, Boston, MA, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiff Stichting Pensioenfonds OPG ("OPG") brought suit against defendant State Street Bank & Trust Company ("SSBT") for breach of contract, breach of fiduciary duties and fraud. Before the Court is SSBT's motion to dismiss, based upon a forum selection clause, for failure to state a claim.

I. Background

The dispute arises out of two related agreements signed in June...

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