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ORIX CREDIT ALLIANCE v. MID-SOUTH MATERIALS

No. 92 Civ. 4972 (RWS).

816 F.Supp. 230 (1993)

ORIX CREDIT ALLIANCE, INC., Plaintiff, v. MID-SOUTH MATERIALS CORPORATION, Pavement Planing, Ltd., C & F Contracting Co. Inc., John B. Pittman and Merrill E. Johnston, Defendants.

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

March 19, 1993.

Attorney(s) appearing for the Case

Lewis M. Smoley, Orangeburg, NY, for plaintiff.

Hughes Hubbard & Reed, New York City, for defendants Merrill E. Johnston and John B. Pittman; John G. McCarthy, of counsel.

Phelps Dunbar, by David W. Mockbee, Jackson, MS.

OPINION

SWEET, District Judge.

Defendants John B. Pittman ("Pittman") and Merril E. Johnston ("Johnston") have moved to dismiss the complaint of Orix Credit Alliance, Inc. ("Orix")1 for lack of subject matter jurisdiction pursuant to Rule 12(b)(2), F.R.Civ.P., or in the alternative, to transfer this action from the Southern District of New York to the Northern District of Mississippi pursuant to 28 U.S.C. § 1404(a). For...

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