Marano Enterprises of Kansas v. Z-Teca Restaurants, L.P. 254 F.3d 753 C.A.8 (Mo.),2001.
Franchisees brought state-court action against franchisors, asserting claims for fraud, constructive termination, and breach of contract. Franchisors removed action and moved to dismiss, and franchisees moved for remand. The United States District Court for the Western District of Missouri, Fernando J. Gaitan, J., denied remand motion and dismissed action. Franchisees appealed. The Court of Appeals, Bowman, Circuit Judge, held that: (1) each defendant has 30 days after receiving service within which to file a notice of removal, regardless of when, or if, previously served defendants had filed such notices; (2) general allegations of fraud were insufficient to raise issue that contracts' forum-selection clauses were unenforceable due to fraud; and (3) franchisees could not challenge, for the first time on appeal, enforceability of franchise and development agreements' forum-selection provisions on grounds that they violated Missouri public policy.
Affirmed.
