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IN RE ATLANTIC MARINE CONST. CO., INC.

No. 12-50826.

701 F.3d 736 (2012)

In re ATLANTIC MARINE CONSTRUCTION COMPANY, INC., Petitioner.

United States Court of Appeals, Fifth Circuit.

November 19, 2012.

Attorney(s) appearing for the Case

William Scott Hastings (argued), Locke Lord, L.L.P., Dallas, TX, for Petitioner.

Chad B. Simon (argued), Allensworth & Porter, L.L.P., Austin, TX, for Plaintiff-Respondent.

Before HIGGINBOTHAM, ELROD and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case turns on the proper procedural treatment of a forum-selection clause. In April 2009, the United States Corps of Engineers contracted with Atlantic Marine Construction ("Atlantic") for construction of a child development center at Fort Hood, located in the Western District of Texas. In connection with that contract, Atlantic entered into a Subcontract Agreement with J-Crew Management, Inc. ("J-Crew") for provision of...

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