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SBKC SERVICE CORP. v. 1111 PROSPECT PARTNERS, L.P.

No. 96-3104.

105 F.3d 578 (1997)

SBKC SERVICE CORPORATION, Plaintiff-Appellee, v. 1111 PROSPECT PARTNERS, L.P., a California Limited Partnership; William Jeffery, III, an individual; Kristin L. Jeffery, an individual, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 23, 1997.

Attorney(s) appearing for the Case

Charles A. Bird (Terrence L. Bingman with him on the briefs), Luce, Forward, Hamilton & Scripps, San Diego, California, for Defendants-Appellants.

Elizabeth Drill Nay (Louis A. Cohn with her on the briefs), Lewis, Rice & Fingersh, L.C., Kansas City, Missouri, for Plaintiff-Appellee.

Before PORFILIO, BARRETT, and EBEL, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

Defendants, William Jeffery, Kristin Jeffery, and 1111 Prospect Partners, L.P., appeal the district court's remand of litigation instituted against them in a Kansas state court by plaintiff, SBKC Service Corporation. The district court held choice of venue clauses in a deed of trust and note involving the parties constituted a grant of permission by defendants to the filing of this action in Wyandotte County, Kansas. Although unsupported...

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