Legal Opinion

Kansas City Bricklayers Employees Pension Fund v. Jerry Bennett Masonry Contractor, Inc.

District Court, D. Kansas

Decided September 22, 1988No. Civ. A. 87-2464-OPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

In this action, plaintiffs seek recovery for certain allegedly delinquent fringe benefit contributions. The parties agree that venue in the District of Kansas is proper under the Employee Retirement Income Security Act of 1974 (“ERISA”), see Title 29, United States Code, Section 1132, but defendants move for transfer of venue to the Western District of Missouri, Southern Division, pursuant to Title 28, United States Code, Section 1404(a).

The decision to grant a transfer of venue is within the sound discretion of the trial judge. Texas Eastern…

2Cases cited4 opinions

Wm. A. Smith Contracting Co., Inc. v. The Travelers Indemnity Company, and the Delaware River Port AuthorityCourt of Appeals for the Tenth Circuit · 1972
Ammon Ex Rel. Ammon v. KaplowDistrict Court, D. Kansas · 1979
Texas Eastern Transmission Corp. v. Marine Office-Appleton & Cox Corp.Court of Appeals for the Tenth Circuit · 1978
Hustler Magazine, Inc. v. United States District CourtCourt of Appeals for the Tenth Circuit · 1986

3Cited by2 opinions

Board of Trustees, Sheet Metal Workers National Fund v. Baylor Heating & Air Conditioning, Inc.District Court, E.D. Virginia · 1988
Allstate Insurance Company v. Employers Reinsurance CorporationDistrict Court, D. Kansas · 1989