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KAMM v. ITEX CORP.

No. 07-35079.

568 F.3d 752 (2009)

Bruce KAMM, an individual; Invision Ltd., a New York corporation, Plaintiffs-Appellees, v. ITEX CORPORATION, a Nevada corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2009.

Attorney(s) appearing for the Case

James M. Shore, Stoel Rives LLP, Seattle, WA, Stephen A. Redshaw, Stoel Rives LLP, Portland, OR, for the appellant.

Nicholle Y. Winters (argued), Thomas R. Johnson and Christopher L. Garrett (on the brief), Perkins Coie LLP, Portland, OR, for the appellees.

Before: W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and CHARLES R. BREYER, District Judge.

WILLIAM A. FLETCHER, Circuit Judge:

Bruce Kamm and Invision Ltd. (collectively "Plaintiffs") sued ITEX Corporation ("ITEX") on a contract in Oregon state court. ITEX filed a notice to remove the suit to federal district court based on diversity of citizenship. Thirty-one days later, Plaintiffs moved to remand to state court based on a forum selection clause in the contract. The district court granted Plaintiffs' motion to remand.

ITEX appeals, contending that...

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