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DRAYTON ENTERPRISES, L.L.C. v. DUNKER

No. A3-00-159.

142 F.Supp.2d 1177 (2001)

DRAYTON ENTERPRISES, L.L.C., Plaintiff, v. Myron DUNKER and Value-Added Products, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

March 30, 2001.

Attorney(s) appearing for the Case

Stephen W. Plambeck, Douglas W. Gigler, Nilles, Hansen & Davies, Ltd., Fargo, ND, for Drayton Enterprises L.L.C.

Eric A. Bartsch, Jonathan C. Miesen, Lindquist & Vennum, Minneapolis, MN, for Myron Dunker, Value-Added Products.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

I. Introduction

Before the Court is defendants' motion to dismiss (doc. # 21). Plaintiff resists the motion (doc. # 27). For the reasons set forth below, the motion is DENIED. However, as explained below, the Court ORDERS THIS CASE TRANSFERRED TO THE WESTERN DISTRICT OF OKLAHOMA pursuant to 28 U.S.C. § 1406(a).

II. Background

Plaintiff Drayton Enterprises is...

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