Code § 1391(a), respectively, with the court finding complete diversity between the parties and an amount in controversy in excess of $50,000 with regard to the former issue, and interpreting §1391(a) as allowing jurisdiction regardless of whether the action itself was local or transitory. On choice of law The district court relied on the parties' original franchise agreement in determining that Florida law would govern all suits related to protecting or securing rights as they arose under the conditions of the agreement. Scheck argued that the dispute should be governed by Massachusetts law, as "most of the transactions between Scheck and Burger King [had] taken place in Massachusetts." Scheck also alleged that the issues raised in his original complaint did not invoke rights under the specific provisions of the franchise agreement, and are thus not subject to that agreement's choice of law provision. He argued that his complaint did not seek to "protect or secure:" rights as they arose under the franchise agreement, but rather sought to enforce rights that were created independently of the agreement. In transferring the original action to the current court, Massachusetts District Court Judge Freedman ruled that, regardless of how the plaintiff sought to characterize his claims against Burger King, were not for the franchise agreement, Plaintiff would have no rights upon which to state a claim. The Florida court agreed with Freedman's ruling, and accepted the franchise agreement as the origin and merit for the plaintiff's claims. The court next considered the proper conflict of laws rule and legitimacy of the choice of law clause as provided in the franchise agreement. On this issue, the court turned to the precedent set by the U.S. Supreme Court in Klaxon Co. v. Stentor Elec. Mfg. Co., Inc., 313 U.S. 487 (1941), which held, "In diversity of citizenship cases, the federal courts when deciding questions of conflict of laws must follow the rules prevailing in the States in which they sit." The court thus applied its own conflict of laws rule with respect to the franchise agreement's initial determination of the law to be applied to the suit. The court did allow that the original forum state of the suit is that where the action was originally filed , but noted that under Massachusetts law, choice of law and forum selection clauses, such as those found in the original franchise agreement, are valid without rebuttal, and must