CONTINENTAL INS. CO. v. M/V ORSULA

No. 03-1721, 03-1722, 03-1723.

354 F.3d 603 (2003)

CONTINENTAL INSURANCE COMPANY, Plaintiff-Appellant, v. M/V ORSULA, her engines, boilers, etc., Fednav International Ltd., and Atlant Adria Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 24, 2003.


Attorney(s) appearing for the Case

Steven C. Weiss, Northbrook, IL, James F. Sweeney (argued), Nicoletti, Hornig, Campise, Sweeney & Paige, New York, NY, for Plaintiff-Appellant in Nos. 03-1721 to 03-1723.

Michael A. Snyder (argued) and Timothy S. McGovern, Conklin, Murphy, Conklin & Snyder, Chicago, IL, for Defendants-Appellees.

Before KANNE, ROVNER, and DIANE P. WOOD, Circuit Judges.


KANNE, Circuit Judge.

In this consolidated appeal, we are asked to review the dismissal of three separate causes of action by the district court. The defendant moved for dismissal of all three lawsuits under a variety of Federal Rules of Civil Procedure 12(b) motions. Two of the lawsuits were dismissed for improper venue under Rule 12(b)(3) motions; the forum-selection clause governing all three cases mandated that the plaintiff should have filed elsewhere. The third...

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