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STERLING FOREST ASSOCIATES, LTD. v. BARNETT-RANGE CORP.

No. 87-2514.

840 F.2d 249 (1988)

STERLING FOREST ASSOCIATES, LTD., a Georgia limited partnership, Plaintiff-Appellee, v. BARNETT-RANGE CORPORATION, a corporation; Hal W. Barnett, a natural person; James E. Range, a natural person, Defendants-Appellants, and Far West Savings and Loan Association, a banking association, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1988.

Attorney(s) appearing for the Case

David Paul Sousa (Joseph C. Moore, Jr., Young, Moore, Henderson & Alvis, P.A., Raleigh, N.C., on brief), for defendants-appellants.

John Carl Schafer, Charles Gordon Brown (Faison, Brown, Fletcher & Brough, Durham, N.C., on brief), for plaintiff-appellee.

Before RUSSELL and WILKINS, Circuit Judges, and VAN GRAAFEILAND, Senior Circuit Judge for the Second Circuit, sitting by designation.

VAN GRAAFEILAND, Senior Circuit Judge, Sitting by Designation:

This is an appeal from an order of the United States District Court for the Eastern District of North Carolina, 673 F.Supp. 1394, Boyle, J., denying enforcement of a forum selection clause in a Purchase Agreement that was drafted in California. The Agreement provided that Sterling Forest Associates, Ltd. (Sterling), a Georgia limited partnership, would purchase a tract...

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