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KEVLIN SERVICES, INC. v. LEXINGTON STATE BANK

No. 94-10463.

46 F.3d 13 (1995)

KEVLIN SERVICES, INC., Plaintiff-Appellant, v. LEXINGTON STATE BANK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 27, 1995.

Attorney(s) appearing for the Case

Stephen Cass Weiland Bernard H. Masters, Jack & Walker, Dallas, TX, for appellant.

Jeffrey M. Tillotson, George C. Lamb, III, Baker & Botts, Dallas, TX, for appellee.

Before SMITH, BARKSDALE and PARKER, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Kevlin Services, Inc. ("Kevlin"), appeals the district court's granting of Defendant-Appellee Lexington State Bank's ("Lexington") motion to dismiss. Kelvin argues that the district court erred in failing to enforce a valid and enforceable choice of forum provision in the contract between the parties providing for venue in Dallas County, Texas. We REVERSE AND REMAND.

I.

On May 24, 1993, Kevlin, a Texas corporation...

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