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Gregory v. Pocono Grow Fertilizer Corp.

35 F. Supp. 2d 295 (1999)

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Gregory v. Pocono Grow Fertilizer Corp.

United States District Court for the Western District of New York

35 F. Supp. 2d 295 (1999)

Facts

C. Wesley Gregory (plaintiff) owned Waste Stream (plaintiff), a New York corporation. Pocono Grow Fertilizer Corp. (Pocono Grow) (defendant), a Pennsylvania corporation owned by Bruce and Karen Ecke (defendants), intended to construct a wastewater-treatment facility in Pennsylvania. Gregory wrote a letter of intent in New York in which he proposed that Waste Stream would operate the wastewater-treatment facility that the Eckes intended to build in Pennsylvania. The Eckes signed the letter in Pennsylvania. The proposed partnership between Gregory and the Eckes fell apart after Gregory decided he did not want to pursue the project. Gregory filed a lawsuit against the Eckes and Pocono Grow in the United States District Court for the Western District of New York, seeking a declaratory judgment that there was no enforceable contract between the parties. The district court had diversity jurisdiction over the action. The Eckes moved to dismiss Gregory’s complaint under 28 U.S.C. § 1406(a) for improper venue. In the alternative, they moved to transfer the case to the United States District Court for the Middle District of Pennsylvania under § 1404(a), believing that the proper venue for the case was the judicial district in which they lived and Pocono Grow was located.

Rule of Law

Issue

Holding and Reasoning (Larimer, C.J.)

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