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DOLLY TOY CO. v. BANCROFT-RELLIM CORP.

97 F.Supp. 531 (1951)

DOLLY TOY CO. v. BANCROFT-RELLIM CORP.

United States District Court S. D. New York.

May 7, 1951.

Attorney(s) appearing for the Case

Toulmin & Toulmin, Dayton, Ohio, Lundgren & Lincoln, New York City, Franklin B. Lincoln, Jr., New York City, C. E. Crafts, Dayton, Ohio, of counsel, for plaintiff.

Fritz Ziegler, New York City, Arthur D. Thomson, Boston, Mass., of counsel, for defendant.

IRVING R. KAUFMAN, District Judge.

The defendant moves for an order transferring this action to the District Court for the District of Massachusetts for the convenience of parties and witnesses and in the interest of justice, under the provisions of Title 28, U.S.C. § 1404(a), or, in the alternative, to dismiss the action under the provisions of Title 28, U.S.C. § 1406(a), on the grounds (1) that venue is laid in the wrong district and (2) that the defendant...

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