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MURPHY v. SCHNEIDER NATIONAL, INC.

No. 02-35116.

362 F.3d 1133 (2004)

Charles E. MURPHY, Plaintiff-Appellant, v. SCHNEIDER NATIONAL, INC., a Wisconsin Corporation; Trane Company, a Wisconsin corporation; American Standard Inc., a Delaware Corporation; and Schneider Specialized Carriers, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2003.

Amended March 22, 2004.

Attorney(s) appearing for the Case

Montgomery W. Cobb, Cobb & Bossé, LLP, Portland, OR, for the plaintiff-appellant.

Wade R. Kennon, The Gilroy Law Firm, P.C., Portland, OR, for defendant-appellee Schneider.

James N. Westwood, Leta E. Gorman, Stoel Rives LLP, Portland, OR, for defendant-appellee Trane.

Before: ALDISERT, HALL, and GOULD, Circuit Judges.

ORDER

The opinion published at 349 F.3d 1224 (9th Cir.2003) is amended to add the following footnote at the end of the second sentence in Part III.C:

A forum non conveniens motion, as opposed to a motion to transfer based on 28 U.S.C. § 1404(a), is appropriate in this case because, if the forum selection clause is enforced, Murphy will be forced to litigate against Schneider in a Wisconsin state court, rather...

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