Alpha Welding & Fabricating, Inc. v. Todd Heller, Inc.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Justice.

Pending is Defendant’s motion to dismiss or, in the alternative, for transfer to the United States District Court for the Eastern District of Pennsylvania. 1 For reasons discussed more fully below, Defendant’s alternative motions are DENIED. The Court, as it must, resolves all factual disputes in favor of Alpha Welding and Fabricating, Inc. (hereinafter “Alpha”). 2

I. MOTION TO DISMISS

Alpha filed this action in June, 1998, in the Circuit Court of Cabell County, West Virginia. Defendant Todd Heller, Inc. (hereinafter “Heller”) thereafter removed…