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CRUISE v. CASTLETON, INC.

No. 77 Civ. 5855 (RLC).

449 F.Supp. 564 (1978)

Jimmy CRUISE and Mary Doolittle, Plaintiffs, v. CASTLETON, INC. and United States Trotting Association, Defendants.

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

May 3, 1978.

Attorney(s) appearing for the Case

Greco & Faraldo, Kew Gardens, N.Y., for plaintiffs; Joseph A. Faraldo, Kew Gardens, N.Y., of counsel.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for defendant Castleton, Inc.; James M. Bergen, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant United States Trotting Association; A. Vernon Carnahan, Robert L. Magielnicki, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Defendant United States Trotting Association ("USTA") moves to dismiss for lack of venue. F.R.Civ.P. 12(b)(3).1 The basis for the motion is that plaintiffs are members of the USTA, and Article I, § 7 of the USTA's By-Laws provides, in its entirety:

"Every applicant for membership and every member shall be confined in any action at law or in equity against this Association...

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