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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

DOWNEAST VENTURES, LTD., )

)  
Plaintiff,  )  
)  
v.  )  
)  Civil No. 05-87-B-W  
WASHINGTON COUNTY, et al.,  )  
)  
Defendants.  )  

RECOMMENDED DECISION
Downeast Ventures has moved to dismiss counterclaims asserted by defendants Jasper Wyman & Son and SN Commercial, LLC, on the ground that the counterclaims do not fall within the Court's supplemental jurisdiction. (Docket No. 122.) Downeast Ventures's complaint alleges that the defendants conspired to violate Downeast Ventures's federal rights and various state law duties owed to Downeast Ventures by wrongfully seizing and retaining various assets under color of state law. The counterclaims subject to challenge in the pending motion are based on allegations that the assets in question were wrongfully acquired by Downeast Ventures from third parties who are indebted to or liable to the counterclaim plaintiffs by contract or in tort. Because the counterclaims arise from the sa me nucleus of operative fact, I recommend that the Court deny the motion to dismiss.

Supplemental Jurisdiction under 28 U.S.C.

Download MJK_06192006_1-05cv87_Downeast_v_Washington_AFFIRMED_07212006.pdf

Maine Law