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McCARLEY v. FOSTER-MILBURN CO.

Civ. No. 4223.

89 F.Supp. 643 (1950)

McCARLEY v. FOSTER-MILBURN CO. et al.

United States District Court W. D. New York.

March 9, 1950.

Attorney(s) appearing for the Case

C. Ray Robinson, of Merced, Cal., and Selby G. Smith, of Buffalo, N. Y., for plaintiff.

Frank A. Pfalzer, Buffalo, N. Y. (Joseph J. Desmond, Buffalo, N. Y., of counsel), for defendants.

KNIGHT, Chief Judge.

Plaintiff moves to change place of trial of this action to U. S. District Court: Northern Division of Southern District, sitting in Fresno, California. His counsel cite 28 U.S.C.A. § 1404(a) and state: "We rely * * * upon each of the three grounds included within this section, namely: (1) the convenience of the parties (2) the convenience of the witnesses and (3) the interest of justice."

Plaintiff, a citizen of California suing as...

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