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CONVERTING/BIOPHILE v. LUDLOW COMPOSITES

No. 2005AP1628.

722 N.W.2d 633 (2006)

2006 WI App 187

CONVERTING/BIOPHILE LABORATORIES, INC., Plaintiff-Appellant, v. LUDLOW COMPOSITES CORPORATION and D.C. Henning, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed August 23, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Alexander Ullenberg, Esq. of Ullenberg Law Offices of Fond Du Lac.

On behalf of the defendants-respondents, the cause was submitted on the brief of Paul D. Cranley of Cook & Franke, S.C. of Madison, and Matthew D. Harper, of Eastman & Smith, LTD. of Toledo, OH.

Before SNYDER, P.J., NETTESHEIM and ANDERSON, JJ.

¶ 1 NETTESHEIM, J.

Converting/Biophile Laboratories, Inc. (CBL) appeals from an order dismissing its complaint against Ludlow Composites Corporation and D.C. Henning, Inc. The circuit court dismissed CBL's action as improvidently commenced in Wisconsin because it read a forum-selection provision in Ludlow's invoices to CBL as mandating that all claims resulting from the parties' commercial transaction be brought in Ohio. We disagree. We read the clauses as permissive...

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