1. Home
  2. Browse Decisions
  3. F.3d
  4. 70 F.3d
  5. 70 F.3d 1115 (1995)
 

U.S. v. ST. PAUL MERCURY INS. CO.

Nos. 94-6348, 94-6355.

70 F.3d 1115 (1995)

UNITED STATES for the Use of B & D MECHANICAL CONTRACTORS, INC., an Oklahoma corporation, Plaintiff-Appellant and Cross-Appellee, v. ST. PAUL MERCURY INSURANCE COMPANY, a Minnesota corporation, and North American Construction Corporation, a Texas corporation, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

November 13, 1995.

Attorney(s) appearing for the Case

Kent Frates and Kurt M. Rupert of Hartzo Conger & Cason, Oklahoma City, Oklahoma, for Plaintiff-Appellant and Cross-Appellee.

John F. Fischer (Don G. Holladay with him, on the briefs) of Andrews Davis Legg Bixler Milsten & Price, Oklahoma City, Oklahoma, for Defendants-Appellees and Cross-Appellants.

Before MOORE, ANDERSON and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This case addresses whether a valid forum selection clause can override the venue provisions of the Miller Act, 40 U.S.C. § 270b(b). We hold that it does but find the forum selection clause at issue in this case invalid. The district court's order dismissing the case for lack of venue is reversed.

I.

North American Construction Corporation (hereinafter "North American") contracted with the United States to install part...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases