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FOG MOTORSPORTS v. ARCTIC CAT SALES

No. 2008-930.

982 A.2d 963 (2009)

FOG MOTORSPORTS # 3, INC. v. ARCTIC CAT SALES, INC.

Supreme Court of New Hampshire.

Opinion Issued: August 21, 2009.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Steven E. Grill and Leigh S. Willey on the brief, and Mr. Grill orally), for the plaintiff.

Robins, Kaplan, Miller & Ciresi L.L.P., of Boston, Massachusetts (Alexander G. Henlin on the brief and orally), for the defendant.

MEMORANDUM OPINION

DALIANIS, J.

The plaintiff, FOG Motorsports # 3, Inc. (FOG), appeals an order of the Superior Court (O'Neill, J.) granting a motion to dismiss by the defendant, Arctic Cat Sales, Inc (Arctic Cat). We vacate and remand.

FOG entered into a dealership agreement with Arctic Cat, a manufacturer of snowmobiles, on July 1, 2005. The agreement included a forum selection clause:

Any claim, action, or other dispute between...

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