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WOODFORD HEALTH CARE, INC. v. BANK OF NEW YORK

No. CIV.A. 02-409-JMH.

247 F.Supp.2d 830 (2003)

WOODFORD HEALTH CARE, INC., Plaintiff, v. BANK OF NEW YORK, as Trustee of the Margaret Voorhies Haggin Trust, and Attorney General Albert B. Chandler III, Defendants.

United States District Court, E.D. Kentucky, Lexington.

February 28, 2003.

Attorney(s) appearing for the Case

Steven A. Brehm, John R. Cummins, Hiram Ely, Greenebaum, Doll & McDonald PLLC, Louisville, KY, Robert C. Stilz, Jr., Kinkead & Stilz, Lexington, KY, for Woodford Health Care, Inc.

Bruce F. Clark, Michele M. Whittington, Stites & Harbison, Frankfort, KY, for Bank of New York.

David Edward Spenard, Attorney General's Office, Frankfort, KY, for Albert B. Chandler, III.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the Court on motion by defendant the Bank of New York (the "Bank") to dismiss [Record No. 11]. The Bank's motion is premised on the notion that this Court, a Kentucky federal court sitting in diversity, lacks jurisdiction over an inter vivos trust organized and administered under the laws of New York. For the reasons that follow, the Court disagrees. Accordingly, the Bank's motion...

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