Legal Opinion

Totalplan Corp. of America v. Lure Camera Ltd.

District Court, W.D. New York

Decided January 31, 1985No. CIV-82-698E to CIV-82-701EPublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM and ORDER

ELFVIN, District Judge.

These four related actions,' involving allegations of breach of contract, fraud, unfair competition, theft of trade secrets, slander and trademark infringement, apparently constitute attempts to cure venue defects in an earlier action, Totalplan Corp. of America v. Lure Camera, et al., CIV-72-699, which I dismissed on such basis July 18,1980. I found that result to be required by 28 U.S.C. § 1391(b) which provides that where, as here, jurisdiction in a civil action “is not founded solely on diversity of citizenship,” such action “may be brought only…

2Cases cited26 opinions

  1. Hoffman v. BlaskiSupreme Court of the United States · 1960
  2. Leroy v. Great Western United Corp.Supreme Court of the United States · 1979
  3. Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
  4. Marine Midland Bank, N.A. v. James W. MillerCourt of Appeals for the Second Circuit · 1981
  5. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917

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3Cited by17 opinions

  1. Patin v. Thoroughbred Power Boats Inc.Court of Appeals for the Fifth Circuit · 2002
  2. 2215 Fifth Street Associates, LP v. U-Haul International, Inc.District Court, District of Columbia · 2001
  3. Bowers v. NETI Technologies, Inc.District Court, E.D. Pennsylvania · 1988
  4. Lee v. Brotherhood of Maintenance of Way Employees—Burlington Northern System FederationDistrict Court, D. Minnesota · 1991
  5. Intermatic, Inc. v. Taymac Corp.District Court, S.D. Indiana · 1993

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