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LEXINGTON INV. CO. v. SOUTHWEST STAINLESS, INC.

No. 87 Civ. 5092.

697 F.Supp. 139 (1988)

LEXINGTON INVESTMENT COMPANY, MBW Management, Inc., MBW Venture Partners Limited Partnership, Venture Capital Management II Limited, McCarthy, Bund, Weersing & Co. Limited Partnership, Michigan Investment Fund, L.P., Philip E. McCarthy, Michael J. Nash, Wayne L. Clevenger and Ian R.N. Bund, Plaintiffs, v. SOUTHWEST STAINLESS, INC., Sam Brown and Mike Stanwood, Defendants.

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

September 1, 1988.

Attorney(s) appearing for the Case

Morrison & Foerster, O'Sullivan Graev & Karabell, New York City, for plaintiffs; Charles E. Bachman, of counsel.

Jacob D. Fuchsberg Law Firm, New York City, for defendants; George J. Malinsky, of counsel.

AMENDED OPINION

IRVING BEN COOPER, District Judge.

Defendants Southwest Stainless, Inc. (hereinafter "Southwest"), Sam Brown and Mike Stanwood move for an order pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure dismissing the complaint on the ground of improper venue. Defendants also request attorneys fees and costs of this motion. Plaintiffs oppose the motion in its entirety.

STATEMENT OF FACTS

The underlying dispute in...

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