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UNITED STATES STEEL CORP. v. TURNER CONST. CO.

No. 82 Civ. 6747 (CLB).

560 F.Supp. 871 (1983)

UNITED STATES STEEL CORPORATION, Plaintiff, v. TURNER CONSTRUCTION COMPANY, Defendant.

United States District Court, S.D. New York.

April 13, 1983.

Attorney(s) appearing for the Case

Roger S. Markowitz; Berman, Paley, Goldstein & Berman, New York City, for plaintiff.

Frederick Ellison, French, Fink, Markle & McCallion, New York City, for defendant.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Pursuant to Rule 12(b)(1)(3) and (6), F.R. Civ.P., defendant Turner Construction Company ("Turner") moves to dismiss the complaint of plaintiff United States Steel Corporation ("U.S. Steel") in this diversity case, on the ground that plaintiff is required by contract to litigate this claim only in the Supreme Court of the State of New York, County of New York.

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