[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
DECEMBER 4, 2007
Nos. 06-12615 and 06-13006
THOMAS K. KAHN
CLERK
D. C. Docket No. 05-22551-CV-KMM
KATHRYN BARRY,
THOMAS W. LESLIE,
Plaintiffs-Appellants,
versus
CARNIVAL CORPORATION,
a Panamanian corporation,
a.k.a. Carnival,
d.b.a. Carnival Cruise Lines, Inc.,
Defendant-Appellee.
Appeals from the United States District Court
for the Southern District of Florida
(December 4, 2007)
Before DUBINA and KRAVITCH, Circuit Judges, and COOGLER,* District
Judge.
_______________________
*Honorable L. Scott Coogler, United States District Judge for the Northern District of Alabama,
sitting by designation.
PER CURIAM:
This appeal is from a district court’s grant of a motion to dismiss based on
standing, in an action brought for declaratory relief pursuant to 28 U.S.C. § 2201
and for injunctive relief pursuant to Fed. R. Civ. P. 57. The plaintiffs, Kathryn
Barry and Thomas Leslie, sought a declaration from the district court that
defendant Carnival Corporation’s (“Carnival”) forum selection clause, which is on
all of Carnival’s ticket contracts is invalid.
After reviewing the record, reading the parties’ briefs and having the benefit
of oral argument, we affirm the district court’s judgment of dismissal based on
issue preclusion. See Christo v. Padgett, 223 F.3d 1324, 1339-40 (11th Cir.
2000).
AFFIRMED.
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