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UNITY CREATIONS v. TRAFCON INDUSTRIES

No. 00-CV-2168.

137 F.Supp.2d 108 (2001)

UNITY CREATIONS, INC., Plaintiff, v. TRAFCON INDUSTRIES, INC.; Shawn M. Gallagher; and H. Matthew Johnson, Defendants.

United States District Court, E.D. New York.

March 20, 2001.

Attorney(s) appearing for the Case

Gentin & Sencer, Mineola, NY, By Myra G. Sencer, of counsel, for Plaintiff.

Lederman, Abrahams, Lederman & Zarett, LLP, Massapequa, NY, By David A. Zaretti, of counsel, for Defendants.

Obermayer, Rebmann, Maxwell & Hippel, LLP, Harrisburg, PA, By Andrew J. Giorgione, of counsel, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This contract case involves a simple question of whether the forum selection clause agreed to by the parties, providing for jurisdiction over any dispute to be in New York State Supreme Court, Suffolk County, prevents the Defendants from removing the case to this Court based on diversity of citizenship under the provisions of 28 U.S.C. § 1332.

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