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L.A. PIPELINE CONSTR. CO. v. TEXAS EASTERN PRODUCTS PIPELINE, CO.

Cause No. IP 88-323-C.

699 F.Supp. 185 (1988)

L.A. PIPELINE CONSTRUCTION COMPANY, an Ohio Corporation, Plaintiff, v. TEXAS EASTERN PRODUCTS PIPELINE COMPANY, A DIVISION OF TEXAS EASTERN TRANSMISSION CORPORATION, a Delaware corporation, doing business in Indiana; and Texas Eastern Transmission Corporation, a Delaware corporation, authorized to do and doing business in Indiana, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

September 28, 1988.

Attorney(s) appearing for the Case

Donald J. Graham, Bingham Summers Welsh & Spilman, Indianapolis, Ind., David W. Johnson, Lewis Ciccarello & Friedberg, Charleston, W.Va., for plaintiff.

Robert S. Hulett, Philip B. McKiernan, Hackman McClarnon & McTurnan, Indianapolis, Ind., for defendants.

ENTRY

McKINNEY, District Judge.

This cause came before the Court on the defendants' Motion to Dismiss or in the Alternative to Transfer Pursuant to Rule 12(b)(3) and 28 United States Code Section 1406(a). For the reasons stated below, defendants' Motion is GRANTED with specific instructions at the conclusion of this Entry.

FACTS

The defendants' Motion arose in the course of a diversity suit involving a construction

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