Thurman J. Riggan; Joseph J. Wester, Plaintiffs-appellants, v. City of Saint Paul; Saint Paul Island; Alaska, Defendants-appellees, 53 F.3d 339 (9th Cir. 1995)

MEMORANDUM^** 

The employment contract that Riggan and Wester ("R & W") each made with the city provides that the "Agreement is made and shall be construed and performed under the laws of the State of Alaska. Venue shall be in the Superior Court for the State of Alaska, Third Judicial District at Anchorage." ER 31, 39. R & W argue that this forum selection clause doesn't govern their dispute because it appears in a section of the agreement entitled "Construction of Agreement." However, the agreement specifically provides that "the captions and heading ... are not to be used to interpret or define the provisions" of the Agreement. Id.

R & W have made no showing that the forum selection clause was obtained through fraud or unenforceable for any other reason. See Spradlin v. Lear Siegler Management Servs., Inc., 926 F.2d 865, 867-69 (9th Cir. 1991). The clause is valid, and the district court did not err in holding that it lacked personal jurisdiction over the defendants.

AFFIRMED.