113611P.pdf   02/14/2013  BancorpSouth Bank  v.  Hazelwood Logistics Center
   U.S. Court of Appeals Case No:  11-3611
                          and No:  11-3741
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Riley, Author, with Smith and Colloton, 
   Circuit Judges]
   Civil Case - diversity. District court had subject matter jurisdiction, 
   as nondiverse banks were not necessary parties, were not named in the suit, 
   and the named back was real party in interest. Forum selection clause was 
   unambiguous and was permissive, not mandatory, and did not prohibit bank from
   bringing suit in federal court in Missouri. District court did not err in 
   granting summary judgment to the bank on its breach of contract claim or 
   breach of guaranty claim, rejecting Hazelwood's claim the doctrine of 
   commercial frustration relieved it of its obligations. District court did 
   not err in amending its judgment to include specific damage award, as motion
   to amend was filed within time limits under FRAP 4(a)(4)(A)(vi), (B)(1), and 
   Hazelwood failed to factually contest the damages assessment in the district 
   court. District court properly granted summary judgment to bank on MPT's tax
   refund claim, as bank had a perfected security interest in bank refund as a 
   general intangible and had priority over any equitable lien.