Baumer Foods Inc v. New Jersey Machine

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-30458
Summary Calendar
BAUMER FOODS, INC.,
Plaintiff-Appellant,
VERSUS
NEW JERSEY MACHINE, INC.,
Defendant-Appellee.
Appeal from the United States District Court
For the Eastern District of Louisiana
(99-CV-3611-G)
October 26, 2000
Before DAVIS, JONES, and DeMoss, Circuit Judges.
PER CURIAM:*
Baumer Foods, Inc. (“Baumer”) purchased a commercial labeling
machine from New Jersey Machine, Inc. (“NJM”) in 1998. The
documents used to effect this purchase were a purchase order from
Baumer to NJM which had attached to it a prior quotation from NJM
to a third party covering a similar machine. One of the printed

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pages of this prior quotation contained “Additional Terms and
Conditions” which set forth a forum selection clause and a clause
limiting damages. The machine was built, delivered, and put into
operation. Unfortunately the machine failed to operate as expected
by Baumer and required substantial and continuing repairs to keep
it operating. Finally in 1999 Baumer filed suit against NJM in the
federal district court in New Orleans asserting diversity
jurisdiction and seeking damages and redhibition under Louisiana
law. However, unbeknownst to Baumer, NJM had previously filed suit
against Baumer in the State of New Hampshire pursuant to the forum
selection clause in the quotation appended to the purchase order.
NJM moved to dismiss the federal court proceeding in Louisiana and
the district court granted such motion. Baumer timely appeals.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record itself. For the reasons stated
by the district court in its Memorandum and Order filed March 17,
2000, we affirm the judgment entered on March 23, 2000 dismissing
Baumer’s petition.
AFFIRMED.

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