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IN RE MERCURIO

No. 04-1832.

402 F.3d 62 (2005)

In re Gregory Anthony MERCURIO, Jr., Debtor. Peter J. Furness, in his capacity as Trustee of the Distribution Trust for the Bankruptcy Estate of Gregory A. Mercurio, Jr., Plaintiff, Appellee, v. Wright Medical Technology, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 23, 2005.

Attorney(s) appearing for the Case

James L. Beausoleil, Jr., with whom Matthew A. Taylor, Duane Morris LLP, George E. Lieberman, and Tillinghast Licht Perkin Smith & Cohen, LLP were on brief, for appellant.

Barbara H. Kramer, with whom Mitchell A. Kramer and Kramer & Kramer were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

Appellant Wright Medical Technology, Inc. ("Wright Medical"), a Tennessee corporation, appeals from the district court's refusal to enforce the forum selection clause in an arbitration provision that was part of a distribution agreement (the "Agreement") between Wright Medical and Ocean State Orthopedics, Inc. ("OSO"), a Rhode Island corporation. The district court affirmed a bankruptcy court's order that the arbitration of an underlying...

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