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BARNETT v. WARNER

Civ. A. 18141.

179 F.Supp. 64 (1959)

Joseph M. BARNETT v. Sterling O. WARNER and Horacio Cruz.

United States District Court W. D. Pennsylvania.

November 16, 1959.

Attorney(s) appearing for the Case

Stanley V. Ostrow, of Crone & Cohen, Pittsburgh, Pa., for plaintiff.

Wm. A. Challener, Jr., Pittsburgh, Pa., for defendant, Sterling O. Warner.

David B. Fawcett, Jr., of Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for defendant, Horacio Cruz.

MARSH, District Judge.

In this action it appears that the plaintiff is a citizen and resident of the State of New York, the defendant Warner is a citizen and resident of the Commonwealth of Pennsylvania, and the defendant Cruz is a citizen and resident of the State of Ohio. Instead of answering the complaint, the defendant Cruz filed a motion to dismiss because venue is lacking. Since the plaintiff is a resident of New York and all the defendants are not residents...

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