In re DELTA AMERICA RE INSURANCE CO., in Liquidation,
Leroy MORGAN, Commissioner of Insurance, Commonwealth of Kentucky, as Liquidator of Delta America Re Insurance Company, Plaintiff-Appellee,
v.
NATIONAL DISTILLERS & CHEMICAL CORPORATION, et al., Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued January 23, 1990.
Decided March 30, 1990.
Rehearing Denied April 26, 1990.
Attorney(s) appearing for the Case
David Klingsberg, Alan Goot, Michael Braff, Kaye, Scholer, Fierman, Hays & Handler, New York City, W. Henry Jernigan, Jr., Kevin M. McGuire (argued), James L. Gay, Jackson & Kelly, Lexington, Ky., for plaintiff-appellee.
John P. Brice, II, Fleming, Horstmeyer & Fleming, Lexington, Ky., Larry W. Thomas, Cameron, Hornbostel & Butterman, Washington, D.C., William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., James L. Fischer (argued), Perry Kreidman, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, Stephen M. O'Brien, III (argued), Landrum, Shouse & Patterson, Lexington, Ky., Mark S. Fragner, Kroll & Tract, New York City, for defendants-appellants.
Before WELLFORD and GUY, Circuit Judges, and ENGEL, Senior Circuit Judge.
United States Court of Appeals, Sixth Circuit.
RALPH B. GUY, Jr., Circuit Judge.
The issue presented by this appeal is the right of an agency or instrumentality of a foreign state to remove a state court contract action to federal court despite a forum selection clause in the contract, which states that jurisdiction to resolve contract disputes will lie in "any court of competent jurisdiction within the United States." The district court concluded that such language results...
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