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CITY OF WACO v. SCHOUTEN

No. CIV.A. W-04-CA-118.

385 F.Supp.2d 595 (2005)

The CITY OF WACO, Plaintiff, v. Dennis SCHOUTEN, et al. Defendants.

United States District Court, W.D. Texas, Waco Division.

March 29, 2005.

Attorney(s) appearing for the Case

Enid Allyn Patterson Wade, Naman, Howell, Smith and Lee, P.C., Arthur L. Pertile, III, City of Waco, Roy Lee Barrett, Naman, Howell, Smith et. al., Waco, TX, for Plaintiff.

Russell W. King, King Law Offices, P.C., Stephenville, TX, Alan Moore, Don Martinson, Fanning, Harper & Martinson, Peter K. Wahl, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX, Tynan Buthod, George Thomas Shipley, Baker Botts, L.L.P., Houston, TX, Raymond E. White, Akin Gump Strauss Hauer & Feld LLP, Austin, TX, James D. Bradbury, Jackson Walker, LLP, Fort Worth, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

WALTER S. SMITH, JR., Chief Judge.

Broumley Dairy, Jim Broumley and Keith Broumley ("Defendants") have submitted a Motion to Dismiss, or, in the Alternative, to Transfer Venue pursuant to Federal Rule of Civil Procedure 12(b). Defendants make four arguments as to why Plaintiff's claims should be dismissed. First, Defendants argue that, although all claims which Plaintiff has asserted against them are properly venued in...

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