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GARUS v. ROSE ACRE FARMS, INC.

Civ. No. H 93-154.

839 F.Supp. 563 (1993)

Caroline GARUS, Plaintiff, v. ROSE ACRE FARMS, INC., John Head, Louis Ameglio, Joshua Russell, Robert Head, and Julio Batz, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

December 16, 1993.

Attorney(s) appearing for the Case

Terry R. Boesch, Merrillville, IN, for plaintiff.

Donald W. Shelmon, Rensselaer, IN, Loren D. Bueter, Bloomington, IN, Corinne R. Finnerty, North Vernon, IN, Lucille Uttermohlen, Monticello, IN, for defendants.

ORDER

MOODY, District Judge.

This matter comes before the court upon the defendants' July 9, 1993 motion to dismiss Caroline Garus' action against them.1 The defendants argue two bases for dismissal: (1) improper venue, pursuant to 28 U.S.C. § 1406(a); and, (2) failure to state a claim, pursuant to FED.R.CIV.P. 12(b)(6). As an alternative to dismissal, were the court to find venue improper, they ask the court to transfer...

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