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U.S. EX REL. NORSHIELD CORP. v. E.C. SCARBOROUGH

Civil Action No. 2:09cv156-WHA.

620 F.Supp.2d 1292 (2009)

UNITED STATES, for the use of NORSHIELD CORPORATION, Plaintiffs, v. E.C. SCARBOROUGH, as Surety, and Dynamic Corporation, as Principal Obligor, Defendants.

United States District Court, M.D. Alabama, Northern Division.

May 18, 2009.

Attorney(s) appearing for the Case

Marvin H. Campbell, Montgomery, AL, for Plaintiffs.

Charles Burton Paterson, Joseph Seawell Moore, Balch & Bingham, Montgomery, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

W. HAROLD ALBRITTON, Senior District Judge.

I. Introduction

This cause is before the court on Defendants' Motion to Dismiss or, in the Alternative, to Transfer the Case (Doc. # 9), filed on April 9, 2009. The Motion to Dismiss is based on Fed.R.Civ.P. 12(b)(2)—lack of personal jurisdiction and 12(b)(3)—improper venue.

This case is brought pursuant to the Miller Act and...

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