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Graham v. Dyncorp International, Inc.

United States District Court for the Southern District of Texas
973 F. Supp. 2d 698 (2013)


Facts

Angela Graham (plaintiff), an Oklahoma resident, was stationed in Afghanistan when she was struck by a vehicle driven by an employee of DynCorp International, LLC (DynCorp) (defendant). Graham sued DynCorp and its affiliate in the United States District Court for the Southern District of Texas. DynCorp filed a motion to dismiss for improper venue, even though DynCorp had contracts with NASA in the district. In addition to its contract in the Southern District of Texas, DynCorp also had significant contacts with the Northern District of Texas, including a large office in Fort Worth, an agent for service of process, use of external auditors, and provision of services under a contract with an Air Force base. However, DynCorp presented evidence that its business in the district constituted only 1.2 percent of its overall revenue. DynCorp requested that if the district court decided to transfer the case under 28 U.S.C. § 1406(a), that it transfer the case to the Eastern District of Virginia, where DynCorp’s headquarters was located.

Rule of Law

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Issue

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Holding and Reasoning (Costa, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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