Creditbank v. Milwaukee Electrical Construction, Inc.

ORDER GRANTING THIRD PARTY DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

EDWARD B. DAVIS, District Judge.

THIS MATTER is before the Court on Third Party Defendant’s Motion to Dismiss Third Party Plaintiff’s Amended Third Party Complaint for Lack of Subject Matter Jurisdiction pursuant to Fed.R.Civ.P. 12(b).1

FACTS

Plaintiff, CREDITBANK, brought an action against Defendant/Third Party Plaintiff, STORER CABLE COMMUNICATION, INC. (hereinafter STORER). In this action, CREDITBANK sued to recover monies STORER had paid to the Internal Revenue Service (IRS) on July 15, 1983,…