District Court, D. Kansas June 2, 1995, 94-4243-SAC (McCracken v. Automobile Club of Southern California, Inc.)

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendants’ motion to dismiss (Dk. 3) for improper venue and lack of jurisdiction pursuant to Rules 12(b)(1)

1

, (2) and (3) of the Federal Rules of Civil Procedure. The plaintiff appearing pro se brings this action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001

et seq.