Public Water Supply District No. 1 v. American Insurance

MEMORANDUM AND OPINION GRANTING PLAINTIFF’S MOTION TO REMAND

JOHN W. OLIVER, Chief Judge.

Plaintiff’s motion to remand presents the question of whether the forum selection clause in the Performance and Payment Bond executed by the parties to this case is valid and should be enforced. Plaintiff’s motion to remand is based upon the ground that (1) the defendant specifically agreed and contracted “that any legal action filed upon the bond shall be maintained in Mercer County, Missouri” and (2) that the defendant waived its right of removal by agreeing that “venue shall lie in Mercer County,…