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IN RE McCRARY & DUNLAP CONST. CO.

Bankruptcy No. 98-03220. Adversary No. 399-0250A.

256 B.R. 264 (2000)

In re McCRARY & DUNLAP CONSTRUCTION COMPANY, LLC, Debtor. McCrary & Dunlap Construction Company, LLC., Plaintiff, v. CED Construction Partners, Ltd., Cool Springs Partners, LP., Southern Company, R.P. Industries and JDN Development Company, Inc., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

January 20, 2000.

Attorney(s) appearing for the Case

Robert J. Gonzales, Robert J. Mendes, Mendes & Gonzales, Nashville, TN, for the Debtor.

Neal McBrayer, Miller Martin & Trabue, Nashville, TN, for Cool Springs Partners & Southern Land Company.

Wearen L. Hughes, Bass Berry & Sims, PLC, Nashville, TN, for RP Industries, Inc. and JDN Development Company, Inc.

Christopher Cravens, Lisa Ramsey Cole, Lewis King Krieg Waldrop & Catron, P.C., Nashville, TN, for CED Construction Partners, Ltd.

MEMORANDUM & ORDER

GEORGE C. PAINE, II, Chief Judge.

This matter is before the court on the motion of CED Construction Partners, Ltd's ("CED") motion to dismiss the adversary proceeding for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) made applicable to the Federal Rules of Bankruptcy Procedure by Rule 7012. For the reasons more particularly described herein, the court grants the motion to dismiss.

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