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  5. 378 F.Supp.3d 435 (2019)
 

SEARS CONTRACT, INC. v. SAUER INC.

No. 5:18-CV-420-FL.

378 F.Supp.3d 435 (2019)

SEARS CONTRACT, INC. United States of America, for the use and benefit of the foregoing, Plaintiff, v. SAUER INCORPORATED and Federal Insurance Company, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

Signed April 25, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 1352
Cause: 28 U.S.C. § 1352 Miller Act
Nature of Suit: 130 Miller Act
Source: PACER

Attorney(s) appearing for the Case

John W. Holton, Gilbert C. Laite, III, Williams Mullen, Raleigh, NC, for Plaintiff.

Robert E. Desmond, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Raleigh, NC, for Defendants.

ORDER

This matter is before the court on defendants' motion to dismiss for improper venue, pursuant to Federal Rule of Civil Procedure 12(b)(3), or, in the alternative, to transfer venue to the United States District Court for the Middle District of Florida. (DE 17). Plaintiff responded...

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