Legal Opinion

Resolution Trust Corp v. Cumberland Development Corp. of Mississippi, Inc.

District Court, S.D. Mississippi

Decided October 23, 1990No. Civ. A. No. J90-0253(W)Published

1Opinion of the Court

*1148MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before the court is a question of venue raised by defendants who have been sued pursuant to 12 U.S.C. § 1441a(b)(l).1 Championing section 1391(b) of 28 U.S.C.,2 the defendants argue that venue is proper only in the Eastern Division of the Northern District of Mississippi where allegedly the claim arose. Plaintiff disagrees, contending that the claim arose in the Jackson Division of the Southern District of Mississippi, and, thus, is properly here under § 1391(b), and, moreover, that pursuant to § 1392(a), 28 U.S.C.,3 venue is proper in the…

2Cases cited20 opinions

  1. Van Dusen v. BarrackSupreme Court of the United States · 1964
  2. Time, Inc. v. Frank ManningCourt of Appeals for the Fifth Circuit · 1966
  3. Leroy v. Great Western United Corp.Supreme Court of the United States · 1979
  4. Decker Coal Company v. Commonwealth Edison CompanyCourt of Appeals for the Ninth Circuit · 1986
  5. Pedro Menendez Rodriguez v. Pan American Life Insurance Company, Maria Cristina Vento Jaime v. Pan American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962

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