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SPEEDWAY MOTORSPORTS v. BRONWEN ENERGY

No. COA09-1451.

707 S.E.2d 385 (2011)

SPEEDWAY MOTORSPORTS INTERNATIONAL LTD., Plaintiff, v. BRONWEN ENERGY TRADING, LTD., Bronwen Energy Trading UK, Ltd., Dr. Patrick Denyefa Ndiomu, BNP Paribas (Suisse) SA, BNP Paribas S.A., Swift Aviation Group, Inc., Swift Air, LLC, Swift Aviation Group, LLC, and Swift Transportation Co., Inc., Defendants.

Court of Appeals of North Carolina.

February 15, 2011.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, Charlotte, by Michael G. Adams and William L. Esser IV, , for plaintiff-appellee.

Winston & Strawn LLP, by Nash E. Long, III , Charlotte, and Valerie B. Mullican , for defendant-appellant BNP Paribas (Suisse) SA.

GEER, Judge.

Defendant BNP Paribas (Suisse) SA ("BNPP Suisse"), a Swiss bank, appeals from an order denying its motion to dismiss the claims of Speedway Motorsports International Ltd. ("SMIL") against BNPP Suisse for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Rules of Civil Procedure. In arguing that jurisdiction does exist, SMIL first contends that BNPP Suisse is bound by the North Carolina forum selection clause in SMIL's contracts with third...

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