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NEW JERSEY v. MERRILL LYNCH & CO., INC.

No. 09-4676.

640 F.3d 545 (2011)

State of NEW JERSEY, Department of Treasury, Division of Investment, o/b/o Common Pension Fund A v. MERRILL LYNCH & CO., INC.; Bank of America Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Filed: May 18, 2011.

Attorney(s) appearing for the Case

Scott D. Musoff, Esquire (Argued), Jay B. Kasner, Esquire , Andrew Muscato, Esquire , Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, Attorneys for Appellants Merrill Lynch & Co., Inc., and Bank of America Corporation.

Lester L. Levy, Esquire (Argued), Wolf Popper LLP, New York, NY, Jeffrey W. Herrmann, Esquire , Peter S. Pearlman, Esquire , Cohn Lifland Pearlman Herrmann & Knopf LLP, Saddle Brook, NJ, Attorneys for Appellee State of New Jersey, Department of Treasury, Division of Investment, on behalf of Common Pension Fund A.

Before: JORDAN, GREENAWAY, JR., and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

The dispute in this appeal is a narrow one, centering on the interpretation of a forum selection clause that provides: "exclusive jurisdiction ... shall lie in the appropriate courts of the State [of] New Jersey." Plaintiff argues that this language constitutes a waiver of the right to remove the pending litigation to the federal district courts in New Jersey. Defendant responds that the clause contemplates jurisdiction in either...

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