Swensen

In this diversity action brought by the plaintiff, a California resident, to recover a finder’s fee based on an alleged oral contract made in California, defendant, Clint W. Murchison, Jr., a Texas resident, has moved the Court under Rule 12(bX6) of the Federal Rules of Civil Procedure to dismiss the action on the grounds that the Court has no personal jurisdiction over him and that the complaint fails to state a claim because the alleged oral contract is within the statute of frauds. For the reasons hereinafter set forth, the Court denies the motion and holds that it has limited jurisdiction over the defendant and that the complaint does state a cause of action.

I

Defendant is a Texas resident having extensive business interests worldwide, including California and Texas. In California, he is chairman of the board of Optimum Systems, Inc., owns a controlling interest in Centex Corp. through a Texas partnership called “Murchison Brothers” and has an unspecified interest in Tecon Services, Inc. In Texas, he serves as chairman of the board of the Dallas Cowboys and has a large interest in a construction company, TSI. TSI, itself, owns nine parcels of developed and…