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Insteel Wire Prods. Co. v. Dywidag Sys. Int'l USA, Inc. - No. 1:07CV641, 2009 U.S. Dist. LEXIS 64899 (M.D.N.C. July 28, 2009)

Rule:

The fact that a sales order acknowledgment was included with multiple shipments of goods did not establish a course of dealing. Rather, the multiple forms merely demonstrate Insteel's desire to include the forum selection clause as a term of the parties' agreements.

Facts:

Plaintiff Insteel Wire Products Company ("Insteel") filed multiple breach of contract claims against defendant Dywidag Systems International USA, Inc. ("DSI") related to contracts to purchase wire strands. The case was originally filed by Insteel in North Carolina state court but was removed by DSI based on diversity jurisdiction. However, Insteel filed a motion to remand contending that a "forum selection clause" was contained in Insteel's "sales order acknowledgments" which purportedly became part of the parties' agreements, requiring disputes to be brought only in North Carolina state court.

Issue:

Did the "Forum Selection Clause" become part of the parties' agreements?

Answer:

No

Conclusion:

The Court concluded that the Forum Selection Clauses contained in Insteel's Sales Order Acknowledgments could not have been a term of the parties' agreements for the purchase of wire strand. Thus, the Court denied the motion to remand.

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