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REO SALES, INC. v. PRUDENTIAL INS. CO. OF AMERICA

No. 95-D-2678.

925 F.Supp. 1491 (1996)

REO SALES, INC., a Colorado corporation, formerly d/b/a Prudential King-Sullivan Properties, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey Corporation, Prudential Real Estate Affiliates, Inc., a Delaware corporation, Prudential Home Mortgage Company, Inc., a New Jersey corporation, Prudential Residential Services, Ltd. Partnership, a Delaware Limited Partnership, d/b/a Prudential Relocation Management, Defendants.

United States District Court, D. Colorado.

May 24, 1996.

Attorney(s) appearing for the Case

Joseph A. Murr, Denver, CO, for Plaintiff.

Michael E. Katch, Katch, Sender & Wasserman, P.C., Denver, CO, Alan H. Silberman, Sonnenschein, Nath & Rosenthal, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

DANIEL, District Judge.

I. INTRODUCTION

This diversity action, 28 U.S.C. § 1332, is before the Court on defendants' Motion to Dismiss or, in the Alternative, to Transfer [Venue], filed November 28, 1995. The matter has been fully briefed, and oral argument occurred on May 22, 1996. The essence of defendants' argument is that, pursuant to an overriding forum selection clause contained in the parties' franchise...

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