Arnold v. SMITH MOTOR CO., BROOKFIELD, MO.

ORDER

McMANUS, Chief Judge.

This matter is before the court on defendant’s resisted motion filed November 12, 1974, under Rule 12(b)(3), FRCP, to dismiss for improper venue.

Plaintiff, a resident of Cedar Rapids, Iowa, commenced this action under Section 409 of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 1989 1 (Supp. Ill 1973). Subject matter jurisdiction is granted by 15 U.S.C. § 1989(b).

The complaint alleges that defendant, a Missouri corporation, acquired a 1969 Dodge van with 74,229 miles recorded on the odometer. Subsequently, during July of 1973, plaintiff claims that…