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TOPRO SERVICES v. McCARTHY WESTERN CONSTRUCTORS

Civ. A. No. 93-K-1095.

827 F.Supp. 666 (1993)

TOPRO SERVICES, INC., a Colorado corporation, Plaintiff, v. McCARTHY WESTERN CONSTRUCTORS, INC., a foreign corporation, and The Federal Insurance Company, a foreign corporation, Defendants.

United States District Court, D. Colorado.

August 5, 1993.

Attorney(s) appearing for the Case

Thomas C. Clark, Oviatt, Clark & Gross, Wheat Ridge, CO, for plaintiff.

Arlene V. Dykstra, Pryor, Carney & Johnson, Englewood, CO, for defendants.

ORDER DENYING MOTION TO DISMISS OR TO TRANSFER VENUE

KANE, Senior District Judge.

This matter is before me on Defendant McCarthy Western Constructors, Inc. and The Federal Insurance Company's motion to dismiss for improper venue under 28 U.S.C. § 1406(a) or, in the alternative, to transfer venue under 28 U.S.C. § 1404(a). They argue that Plaintiff Topro Services Inc. was bound by a forum selection clause in its subcontract with McCarthy to bring...

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