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LUKE v. WESTERN DAIRY CO-OP., INC.

Civ. No. 89-C-552A.

734 F.Supp. 963 (1990)

Gene E. LUKE, Plaintiff, v. WESTERN DAIRYMEN COOPERATIVE INC., a Colorado corporation, and Meadow Gold Dairies, Inc., a Delaware corporation, Defendants.

United States District Court, D. Utah, C.D.

April 9, 1990.

Attorney(s) appearing for the Case

James C. Haskins, Haskins & Associates Murray, Utah, Robert D. Moore, Kevin M. McDonough, Moore, McDonough & Norton, Salt Lake City, Utah, for plaintiff.

Daniel L. Berman, Douglas L. Parry, Berman & O'Rorke Salt Lake City, Utah, for defendants.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

INTRODUCTION

ALDON J. ANDERSON, Senior District Judge.

In response to the plaintiff's complaint, defendant Western Dairymen Cooperative, Inc. (WDCI) moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(2) alleging that this court lacks subject matter jurisdiction. More precisely, jurisdiction is premised on diversity and WDCI claims that the plaintiff, Gene E. Luke...

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