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FOSTER WHEELER ENERGY CORP. v. LSP EQUIPMENT, LLC.

No. 2-03-0963.

805 N.E.2d 688 (2004)

346 Ill. App.3d 753

282 Ill.Dec. 69

FOSTER WHEELER ENERGY CORPORATION, Plaintiff, v. LSP EQUIPMENT, LLC; LSP-Kendall Energy, LLC; Dick Corporation and Hitachi Zosen Corporation, Defendants (Dick Corporation, Cross plaintiff-Appellant; LSP-Kendall Energy, LLC, and LSP Equipment, LLC, Crossdefendants-Appellees).

Appellate Court of Illinois, Second District.

February 25, 2004.

Attorney(s) appearing for the Case

Stephen R. Swofford, Timothy A. Hickey, Nancy G. Lischer, Hinshaw & Culbertson, Chicago, George S. Burkoski, Jr., Thompson & Waldron, Alexandria, VA, for Dick Corporation.

Dennis J. Powers, Daniel O. Halvorsen, Piper Rudnick, Chicago, for LSP Equipment, LLC, LSP-Kendall Energy, LLC.

Justice BYRNE delivered the opinion of the court:

This appeal arose from two contracts for the construction of a power plant located in Minooka, Illinois. The construction contracts contain forum-selection and choice-of-law provisions, which purport to require that disputes between the parties to the contracts be litigated in New York. Plaintiff, Foster Wheeler Energy Corporation, which is not a party to this appeal, initiated the underlying Illinois action, alleging...

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