Aqua Operations, Incorporated v. City of Kyle, Tex, No. 12-50167 (5th Cir. 2013)

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Case: 12-50167 Document: 00512154418 Page: 1 Date Filed: 02/25/2013 UiIN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED February 25, 2013 No. 12-50167 Lyle W. Cayce Clerk AQUA OPERATIONS, INCORPORATED, Plaintiff-Appellant v. CITY OF KYLE, TEXAS, Defendant-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 1:11-CV-952 Before JONES, DENNIS, and HIGGINSON, Circuit Judges. PER CURIAM:* Plaintiff-appellant Aqua Operations, Inc., appeals the district court s order granting defendant-appellant City of Kyle s motion to dismiss this action in enforcement of the forum selection clause of the underlying contract between the parties. After reviewing the record and briefs, we affirm for essentially the reasons set forth by the district court in its order dated January 27, 2012. AFFIRMED. * Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4.

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