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SHELL v. R.W. STURGE, LTD.

No. 94-3119.

55 F.3d 1227 (1995)

West SHELL, Jr.; and Andrew C. Hauck, III, Plaintiffs-Appellants, Herbert A. Middendorff, Plaintiff, v. R.W. STURGE, LTD.; the Council of Lloyd's; the Society of Lloyd's; and the Corporation of Lloyd's, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1995.

Attorney(s) appearing for the Case

John L. Campbell (argued and briefed), Kohnen, Patton & Hunt and Virginia C. Whitman, White, Getgey & Meyer, Cincinnati, OH, for plaintiffs-appellants.

Charles J. Faruki (argued and briefed), Faruki, Gilliam & Ireland, Dayton, OH, for defendants-appellants.

Before: KENNEDY and SUHRHEINRICH, Circuit Judges; HILLMAN, District Judge.

KENNEDY, Circuit Judge.

Plaintiffs, investors in the Society of Lloyd's, brought this diversity action against defendants R.W. Sturge, Ltd., the Society of Lloyd's, the Council of Lloyd's and the Corporation of Lloyd's seeking to rescind their investment contracts under Ohio securities law. Defendants filed a motion to dismiss for improper venue under Rule 12(b)(3) of the Federal Rules of Civil Procedure on the grounds that forum selection clauses in the investment...

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