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U.S. EX REL. BROWN MINNEAPOLIS v. KINLEY CONST.

No. CIV 11-0291 JB/LFG.

816 F.Supp.2d 1139 (2011)

UNITED STATES of America for the use of BROWN MINNEAPOLIS TANK CO., A New Mexico Corporation, Plaintiff, v. KINLEY CONSTRUCTION COMPANY, A Texas Corporation, and Travelers Casualty and Surety Company of America, Defendants.

United States District Court, D. New Mexico.

September 2, 2011.

Attorney(s) appearing for the Case

Patrick J. Hart , David P. Gorman , Sheehan Sheehan & Stelzner, P.A., Albuquerque, NM, for Plaintiff.

David H. Thomas, III , Dave Thomas & Associates, P.C., Albuquerque, NM, Paul D. Gibson , Donald H. Knecht, Jr. , Gibson, Gruenert & Zaunbrecher, PLLC, Lafayette, LA, Thomas G. Gruenert , Gibson, Gruenert & Zaunbrecher, PLLC, Pearland, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendants' Motion to Dismiss or, in the Alternative, to Transfer Venue, filed May 18, 2011 (Doc. 16)("Motion"). The Court held a hearing on July 27, 2011. The primary issue is whether, pursuant to the Miller Act, 40 U.S.C. §§ 3131-3134, the United States District Court for the District of New Mexico is the proper venue...

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