Legal Opinion
Weaver v. Gillen
District Court, W.D. New York
Decided May 8, 1985No. CIV-84-0511CPublishedCited by 4 opinions
1Opinion of the Court
CURTIN, Chief Judge.
Plaintiffs Els worth Weaver and his wife, Emily Weaver, bring this suit against Edward Gillen as the Trustee in Bankruptcy for their estate. Plaintiffs seek monetary damages for an alleged breach of fiduciary duty on the part of defendant. Defendant seeks a transfer of venue based on either improper venue or, in the alternative, a change of venue for the convenience of the parties and witnesses.
Defendant resides in Austin, Texas, and plaintiffs are residents of Williamsville, New York. Plaintiffs claim damages exceeding $10,000, which gives this court diversity…
2Cases cited7 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In Re Burneice Turner, D/B/A Bunni's Diamond Inn and F/d/b/a Bunni's Casbar, Bunni's Andy C's, Debtor. Burneice Turner v. Kenneth ErmigerCourt of Appeals for the Second Circuit · 1983
- Liberation News Service v. EastlandCourt of Appeals for the Second Circuit · 1970
- In Re Lafayette Radio Electronics Corp.Court of Appeals for the Second Circuit · 1985
- In Re FIDELITY MORTGAGE INVESTORS, Debtor. LIFETIME COMMUNITIES, INC., Appellant, v. the ADMINISTRATIVE OFFICE OF the UNITED STATES COURTS, AppelleeCourt of Appeals for the Second Circuit · 1982
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3Cited by4 opinions
- Thomasson v. AmSouth Bank, N.A.District Court, N.D. Alabama · 1986
- Unsecured Creditors Committee of Debtor v. Noyes (In Re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Stallings v. Kellogg (In Re Hudson Oil Co.)District Court, D. Kansas · 1986
- Brock v. American Messenger Service, Inc.District Court, D. New Hampshire · 1986