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Insteel Wire Products Co. v. Dywidag Systems Int'l USA

United States District Court for the Middle District of North Carolina
2009 WL 2253198 (2009)

Written by Eric Cervone, LLM

Facts

Dywidag Systems (Dywidag) (defendant) agreed to buy wire strand from Insteel Wire Products (Insteel) (plaintiff). Insteel claimed Dywidag breached their contract, and filed suit in North Carolina state court. Dywidag moved the case to federal court based on diversity jurisdiction. Insteel filed a motion to remand, claiming that the parties’ agreement included a forum-selection clause requiring that disputes be brought only in North Carolina state court. The forum-selection clause was included in Insteel’s sales-order acknowledgment. The case was heard by the United States District Court for the Middle District of North Carolina.

Rule of Law

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Issue

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Holding and Reasoning (Beaty, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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