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PostPosted: Fri Sep 01, 2006 5:22 am 
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Miller v. Northwest Trustee Services, Inc.
Not Reported in F.Supp.2d, 2005 WL 1711131
July 20, 2005

In briefing and at the motions hearing, Plaintiffs Gary and Diane Miller argue that this Court lacks jurisdiction to hear the instant action. Because the United States District Court is a court of limited jurisdiction,FN1 it must have both subject matter jurisdiction over the claims alleged and personal jurisdiction over the parties involved.

FN1. A court has jurisdiction over a case if it has power to decide the case.

In 28 U.S.C. § 1331, Congress granted district courts jurisdiction to adjudicate cases arising under the United States Constitution or federal statutes. The Millers allege violations of the Fair Debt Collections Practices Act (“FDCPAâ€

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

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