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BLUE DANE SIMMENTAL CORP. v. AMERICAN SIMMENTAL ASS'N

No. 4:CV94-3116.

952 F.Supp. 1399 (1997)

BLUE DANE SIMMENTAL CORPORATION, Roland Nuss, Ron Vlasin, and Dennis Behrhorst, Plaintiffs, v. AMERICAN SIMMENTAL ASSOCIATION, and Tom Risinger, Defendants and Counterclaimants, v. Paul COLE, et al., Counterclaim Defendants.

United States District Court, D. Nebraska.

February 7, 1997.

Attorney(s) appearing for the Case

Steven Burns, Lincoln, NE, Robert T. Grimit, Lincoln, NE, Eric Kruger, Omaha, NE, Charles F. Gotch, Omaha, NE, for Plaintiffs.

Jefferson Downing, Lincoln, NE, V. Gene Summerlin and R. Murray Ogborn, Lincoln, NE, for Defendants.

Danene Tushar, Lincoln, NE, Terry Wittler, Lincoln, NE, for Defendants on Counterclaims.

MEMORANDUM AND ORDER

KOPF, District Judge.

After dismissal of the RICO counterclaims, there remains the question of whether I should dismiss the state law counterclaims pursuant to 28 U.S.C. § 1367(a) or (c). I carefully considered this question after reviewing the supplemental briefs and evidence. Pursuant to section 1367(a), I shall dismiss the state law counterclaims for lack of subject matter jurisdiction because (a) they are not independently supported...

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