United States Sixth Circuit

In a dispute concerning two sizeable real estate loans, petition for rehearing is denied where the district court's analysis of the invalidity of the loans' contract's forum selection clause designating New York as the forum for litigation was incorrect, thus the preliminary injunction granted by the district court was correctly reversed.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

• Before: MERRITT, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William W. Allen, Gess, Mattingly & Atchison, Lexington, Kentucky, for Appellant.  P. Douglas Barr, Stoll Keenon Ogden, Lexington, Kentucky, for Appellees.   ON BRIEF:  Steven M. Collins, Daniel F. Diffley, Grant T. Stein, Alston & Bird, Atlanta, Georgia, Barbara B. Edelman, David J. Treacy, Dinsmore & Shohl, Lexington, Kentucky, for Appellant.  P. Douglas Barr, Robert M. Watt III, Shannon A. Singleton, Stoll Keenon Ogden, Lexington, Kentucky, for Appellees.