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Alexander v. Herman

United States District Court, D. Oregon, Eugene Division

February 21, 2014

RICK ALEXANDER, Plaintiff,
v.
DAVID HERMAN, Defendant.

ORDER

THOMAS M. COFFIN, Magistrate Judge.

This is an action involving business disputes. An oral argument was held on defendant's motion to dismiss.

The motion to dismiss is denied. The court finds Erwin Schutfort is not an indispensable party and defendant has made no effort to serve Schutfort who is named by defendant in a cross-claim and is in New Caledonia. To the extent defendant desires to have Schutfort appear he may file a motion for alternative service.

CONCLUSION

Defendant's motion (#109) to dismiss is denied.


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