Legal Opinion
United States ex rel. Brown Minneapolis Tank Co. v. Kinley Construction Co.
District Court, D. New Mexico
Decided September 2, 2011No. CIV 11-0291 JB/LFGPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JAMES 0. 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 for Plaintiff Brown Minneapolis Tank Co. (“BMT Co.”) to bring this action. The Court finds that venue is appropriate, because the Miller Act’s venue provision requires that…
2Cases cited98 opinions
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3Cited by6 opinions
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