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ALGODONERA DE LAS CABEZAS v. AMERICAN SUISSE

No. 05-14046 Non-Argument Calendar.

432 F.3d 1343 (2005)

ALGODONERA DE LAS CABEZAS, S.A., a Spanish corporation, Plaintiff-Appellant, v. AMERICAN SUISSE CAPITAL, INC., a New York corporation, American Suisse, American Suisse, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 19, 2005.

Attorney(s) appearing for the Case

Francisco A. Rodriguez, John F. O'Sullivan, Akerman Senterfitt & Eidson, P.A., Miami, FL, for Plaintiff-Appellant.

Before DUBINA, BARKETT and HULL, Circuit Judges.

PER CURIAM:

Algodonera de las Cabezas, S.A. ("Algodonera") appeals the district court's sua sponte dismissal of its diversity suit for improper venue. The district court based its dismissal on 28 U.S.C. § 1391(a)(3), which provides that diversity suits may be brought in a "judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought...

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