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EED HOLDINGS v. PALMER JOHNSON ACQUISITION CORP.

No. 04 Civ. 0505(RWS).

387 F.Supp.2d 265 (2004)

EED HOLDINGS, Plaintiff, v. PALMER JOHNSON ACQUISITION CORP. and Andrew J. McKelvey, Defendants.

United States District Court, S.D. New York.

October 20, 2004.

Attorney(s) appearing for the Case

Friedman, Wittenstein & Hochman, New York, NY (Stuart I. Friedman, Ivan O. Kline, of counsel), for plaintiff.

Levi Lubarsky & Feigenbaum, New York, NY (Steven B. Feigenbaum, of counsel), for defendants.

OPINION

SWEET, District Judge.

The defendants Palmer Johnson Acquisition Corp. ("PJAC") and Andrew J. McKelvey ("McKelvey") (collectively the "Defendants") have moved under Fed.R.Civ.P. 12(b)(6) and 9(b) to dismiss the complaint of plaintiff EED Holdings ("EED") against McKelvey and under Rule 12(b)(2), Fed.R.Civ.P., to dismiss the claim against PJAC for lack of jurisdiction, and, alternatively, under 28 U.S.C. § 1404(a) to transfer the claim...

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