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DIETER v. MFS TELECOM, INC.

No. 94 Civ. 4785 (RWS).

870 F.Supp. 561 (1994)

Edward DIETER and Julia Dieter, Plaintiffs, v. MFS TELECOM, INC., James Geiger, Fibernet USA, Inc., Fibernet Communications Services, Inc., and Fibernet Rochester, Inc., Defendants.

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

December 15, 1994.

Attorney(s) appearing for the Case

Shafran, Mosley & Diamond, P.C., New York City (Kevin L. Mosley, of counsel), for plaintiffs.

Kaplan, Thomashower & Landau, New York City (Jonathan P. Wolfert, of counsel), for defendant MFS Telecom, Inc.

Redmond & Parrinelli, Rochester, NY (Gary M. Levine, of counsel), for defendant James Geiger.

OPINION

SWEET, District Judge.

Defendants James Geiger ("Geiger"), MFS Telecom Inc. ("MFS"), and Fibernet Rochester, Inc. have moved for an order, pursuant to Rule 12(b)(1) dismissing the complaint for lack of subject matter jurisdiction. Defendant Geiger has, in the alternative, moved for a transfer of venue. For the reasons set forth below, the motion to dismiss on jurisdictional grounds is granted.

Parties

Plaintiffs, Edward...

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