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SOUTHWAY v. CENTRAL BANK OF NIGERIA

Civil Action No. 96-B-2540.

994 F.Supp. 1299 (1998)

Henry T. SOUTHWAY, Southway Construction Company, Inc., Douglas Houghton, Randy Thurston, J.E. Losavio, Jr., and Russ Gray, doing business as Gray Real Estate, Plaintiffs, v. CENTRAL BANK OF NIGERIA, Republic of Nigeria, The Law Firm of Kirk P. Brown, P.C., Kirk Patterson Brown, Helen Tomicich, also known as Helen Tomicich Brown, [Both Browns] individually and doing business as The Communications Connection, Defendants.

United States District Court, D. Colorado.

February 26, 1998.

Attorney(s) appearing for the Case

J.E. Losavio, Jr., Margaret L. Herdeck, William Judson Culver, Law Offices of J.E. Losavio, Jr., Pueblo, CO, for Plaintiffs.

Michael A. Williams, Steven D. Plissey, Williams, Youle & Koenigs, P.C., Denver, CO, Helen Tomicich, Pueblo, CO, Kirk P. Brown, Pueblo, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants Central Bank of Nigeria (CBN) and Republic of Nigeria (Nigeria) (collectively, "Nigeria defendants"), move for dismissal of plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(1), 12(b)(2), and 12(b)(6). The motions are adequately briefed and oral argument will not materially aid their resolution. For the reasons set forth below, I deny the Nigeria defendants' motions to dismiss.

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