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DUFFY & MCGOVERN ACCOMMODATION v. QCI MARINE

No. 05-20973.

448 F.3d 825 (2006)

DUFFY & McGOVERN ACCOMMODATION SERVICES, Petitioner-Appellant, v. QCI MARINE OFFSHORE, INC., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 2006.

Attorney(s) appearing for the Case

Charles L. Stinneford (argued), Gordon, Arata, McCollam, Duplantis & Eagan, Houston, TX, Eric Ray Miller, Gordon, Arata, McCollam, Duplantis & Eagan, Baton Rouge, LA, for Petitioner-Appellant.

Robert W. Ohnesorge (argued), Harrison, Bettis, Staff, McFarland & Weems, Houston, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

After QCI sued DMAS in state court for breach of contract, DMAS removed and persuaded the federal district court to dismiss the case because a forum selection clause mandated venue in England. After settling some claims, QCI filed an almost identical suit in state court. After failing to convince the state court to dismiss the suit, DMAS asked the federal district court to enjoin the state proceedings. The court refused, concluding...

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