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FIDELITY STATE BANK & TRUST CO. v. MERRILL LYNCH, PIERCE, FENNER, & SMITH, INC.

No. 91-1068-K.

768 F.Supp. 300 (1991)

FIDELITY STATE BANK AND TRUST COMPANY, Dodge City, Kansas, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER, & SMITH, INC.; John G. Henderson; Moody's Investors Service, Inc.; and Standard & Poor's Corp., Defendants.

United States District Court, D. Kansas.

June 7, 1991.

Attorney(s) appearing for the Case

Max E. Estes, William, Strobel, Estes, Malone & Mason, Dodge City, Kan., for plaintiff.

P.O. Konrad Knake, White & Case, New York City, James A. Walker, Triplett, Woolf & Garretson, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

This matter is before the court on defendant Moody's Investors Service, Inc.'s motion to dismiss pursuant to Fed.R.Civ.P. 12(b). Moody's asserts this court does not have personal jurisdiction over it because no provision of the Kansas long arm statute applies to the facts of this case, and the exercise of personal jurisdiction over Moody's in this case would be contrary to the due process clause of the...

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