Legal Opinion

Wiesenberger Services, Inc. v. RESPONSE ANALYSIS CORPORATION

District Court, S.D. New York

Decided October 16, 1973No. 72 Civ. 5155PublishedCited by 3 opinions

1Opinion of the Court

WHITMAN KNAPP, District Judge.

The sole question presented on plaintiff’s motion to remand this diversity case to the Supreme Court, New York County is whether federal jurisdiction is precluded by the following language in the contract between the parties:

This agreement may not be amended, modified, or discharged except in writing. This agreement shall be governed by, and construed in accordance with the laws of the State of New York, other than conflicts of law rules; and both of us agree that we will be and remain subject to the in personam jurisdiction of the courts of the State of New York…

2Cases cited2 opinions

  1. General Phœnix Corporation v. MalyonDistrict Court, S.D. New York · 1949
  2. Wilson v. Continental Casualty CompanyDistrict Court, D. Montana · 1966

3Cited by3 opinions

  1. Intermountain Systems, Inc. v. Edsall Construction Co.District Court, D. Colorado · 1983
  2. Coface v. Optique Du Monde, Ltd.District Court, S.D. New York · 1980
  3. M. Lowenstein & Sons, Inc. v. AustinDistrict Court, S.D. New York · 1977

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