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STEWART v. DEAN-MICHAELS CORP.

Civ. A. Nos. 89-AR-0871-S, 88-AR-1745-S.

716 F.Supp. 1400 (1989)

Walter H. STEWART, et al., etc., Plaintiffs, v. DEAN-MICHAELS CORPORATION, etc., Defendant. Johnny W. MOSES, et al., Plaintiffs, v. BUSINESS CARD EXPRESS, INC., et al., Defendants.

United States District Court, N.D. Alabama, S.D.

July 10, 1989.

Attorney(s) appearing for the Case

Daniel B. Feldman, Jonathan H. Waller, Haskell Slaughter & Young, Birmingham, Ala., for Walter H. Stewart, James S. Snow, Jr., and Lou Anne Strickland.

Theodore Lyons Araujo, Barnard & Araujo, Ithaca, N.Y., and Scott Phelps, Bradley, Arandt, Rose & White, Birmingham, Ala., for Dean-Michaels Corp., etc.

Carlos A. Williams, Chestnut, Sanders, Sanders, Turner, Williams & Pettaway, Birmingham, Ala., for Johnny W. Moses, et al.

William S. Dodson, Jr., Jayna J. Partain, Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., David A. Ettinger, Honigman Miller Schwartz & Cohn, Detroit, Mich., for Business Card Exp., Inc., et al.

MEMORANDUM OPINION

ACKER, District Judge.

Although the above-two entitled cases have not been consolidated, the issue to be decided is virtually identical in both cases, and the rationale in one case is so outcome-determinative in the other that the court has chosen to write one opinion for both. Because of the fast-growing use of forum selection clauses, the only surprising thing is that there are only two...

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