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FREEDMAN v. AMERICA ONLINE, INC.

No. CIV. 3:03CV1048(PCD).

294 F.Supp.2d 238 (2003)

Clifton S. FREEDMAN, Plaintiff, v. AMERICA ONLINE, INC., the Town of Fairfield, and Detectives William Young and David Bensley (individually and in their official capacities) Defendants.

United States District Court, D. Connecticut.

December 5, 2003.

Attorney(s) appearing for the Case

Calvin Kin-Meng Woo, Pepe & Hazard, Southport, CT, Daniel J. Klau, Pepe & Hazard, Hartford, CT, for Plaintiff.

C. Colin Rushing, Samir Jain, Wilmer, Cutler & Pickering, Washington, DC, Rowena Amanda Moffett, Brenner, Saltzman & Wallman, New Haven, CT, Mark A. Perkins, Thomas M. Murtha, Maher & Murtha, Bridgeport, CT, Paul E. Pollock, Bai, Pollock, Blueweiss & Mulcahey, Bridgeport, CT, for Defendants.

RULING ON DEFENDANT AOL'S MOTION TO DISMISS

DORSEY, District Judge.

In light of a forum selection clause in its contract with Plaintiff, Defendant America Online, Inc. ("AOL") moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(3) or 12(b)(6). For the reasons discussed herein, AOL's motion is granted.

I. Background1

At all times relevant to this action, Plaintiff subscribed to internet service...

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