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ARKAY INFANTS WEAR v. KLINE'S, INC.

No. 5712.

85 F.Supp. 98 (1949)

ARKAY INFANTS WEAR, Inc. v. KLINE'S, Inc. et al.

United States District Court W. D. Missouri, W. D.

August 10, 1949.

Attorney(s) appearing for the Case

Claude A. Fishburn, Kansas City, Mo., Harry Price, New York City, for plaintiff.

Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., Watson, Ess, Whittaker, Marshall & Enggas, Kansas City, Mo., for defendant Famous-Barr Company.

Salkey & Jones, St. Louis, Mo., Kemp, Koontz, Clagett & Norquist, Kansas City, Mo., for defendant Kline's Inc.

RIDGE, District Judge.

In this infringement action the point is made that Section 1392(a) of the Revised Judicial Code, Title 28, U.S.C.A. § 1392(a), has changed the law relating to venue in such actions, as stated in Stonite Products Co. v. Melvin Lloyd Co., 315 U.S. 561, 62 S.Ct. 780, 86 L.Ed. 1026 where suit is brought against two or more defendants residing in different judicial districts within the same State.

Plaintiff...

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