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Appeal from the United States District Court For the Southern District of Texas

Louis A. Waters was employed by Browning-Ferris Industries, Inc. (“BFI”) from 1969 to 1999. In July of 1999, Allied Waste Industries, Inc. acquired BFI, and Waters effectively retired. Under a November 1, 1991, Amended and Restated Agreement Respecting Employment between Waters and BFI, Waters became entitled to receive an Annual Retirement Payment. A dispute arose between Waters and BFI over the proper calculation of Waters’ retirement compensation.

To resolve the dispute, Waters filed suit in the 23rd Judicial District Court of Wharton County, Texas. Alleging diversity of citizenship and federal question jurisdiction, BFI removed to the United States District Court for the Southern District of Texas, Houston Division. Waters moved to remand based on a forum selection provision in the contract. The district court agreed with Waters that BFI had waived its right of removal and remanded the case to Wharton County. BFI has appealed the district court’s decision to remand. Finding that the forum selection clause gives Waters the unambiguous right to choose the forum to hear his dispute, we affirm.

 
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