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ABC MOBILE SYSTEMS, INC. v. HARVEY

No. 84CA0663.

701 P.2d 137 (1985)

ABC MOBILE SYSTEMS, INC., a California corporation, qualified to transact business in the State of Colorado, successor in interest of Associated Brake Company, a California corporation, Plaintiff-Appellant, v. Myron J. HARVEY & Thomas A. Thomason, individually and as General Partners of ABC Mobile Brake; and ABC Mobile Brake, a General Partnership, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 11, 1985.

Attorney(s) appearing for the Case

Jim Travis Tice, Littleton, for plaintiff-appellant.

Michael F. Morrissey, Denver, for defendants-appellees.

BABCOCK, Judge.

Plaintiff, ABC Mobile Systems, Inc. (ABC), appeals from the trial court's dismissal of its complaint alleging a breach of a franchise agreement by defendants, Myron J. Harvey, Thomas A. Thomason, and ABC Mobile Brake, a general partnership. The issue is whether Colorado courts, in a breach of contract action, may give effect to a forum selection clause in a contract which provides for trial of the action in another state. We hold that it may and we...

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