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AMERICAN SODA v. U.S. FILTER WASTEWATER GROUP

No. 03-1492.

428 F.3d 921 (2005)

AMERICAN SODA, LLP, a Colorado corporation, Plaintiff-Appellee, v. U.S. FILTER WASTEWATER GROUP, INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 7, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Michael G. Bohn, Griffith A. Kundahl, and Bret M. Heidemann, Campbell, Bohn, Killin, Brittan & Ray, LLC, Denver, CO for Defendant-Appellant.

Lawrence R. Green, Balcomb & Green, P.C., Glenwood Springs, CO, for Plaintiff-Appellee.

Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.

SEYMOUR, Circuit Judge.

Defendant U.S. Filter Wastewater Group, Inc. (U.S.Filter) appeals the district court's order remanding this breach of contract action to state court based on a mandatory forum selection clause in the parties' contract. U.S. Filter also appeals the district court's award of attorneys' fees and costs to plaintiff American Soda, LLP (American Soda). Because we agree with the district court that the parties' contract contained a mandatory forum...

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