161949P.pdf   08/11/2017  City of Benkelman, NE  v.  Baseline Engineering Corp.
   U.S. Court of Appeals Case No:  16-1949
   U.S. District Court for the District of Nebraska - North Platte   
   [PUBLISHED] [Shepherd, Author, with Riley and Beam, Circuit Judges] 
   Civil case - Arbitration. In action by the City claiming defendant 
   breached the parties' contract calling for defendant to design and 
   construct a water treatment plant, the district court did not err in 
   rejecting defendant's contention that its motion to dismiss should be 
   treated as a Rule 12(b)(3) venue challenge; the Supreme Court has held 
   that parties may not enforce forum-selection clauses through Rule 12(b)(3) 
   motions to dismiss; an arbitration agreement alone - independent of 
   statutory or other binding jurisdictional limitations - does not divest 
   the federal courts of subject matter jurisdiction; contrary to defendant's 
   contention, the arbitration clause in the parties' July, 2009 contract 
   does not strip the federal courts of jurisdiction and the district court 
   erred in construing the motion the motion to dismiss as a Rule 12(b)(1) 
   challenge to subject matter jurisdiction; the motion should be analyzed as 
   either a Rule 12(b)(6) motion or a Rule 56 motion; regardless of which 
   rule is chosen, the same summary judgment standards apply; the district 
   court did not have an opportunity to apply this analysis and the best 
   course of action is to remand the matter to permit the court to consider 
   the motion under summary judgment standards.