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HORWITZ v. SHAINBERG

Civ. No. 19261.

171 F.Supp. 75 (1959)

Emil HORWITZ, Plaintiff, v. Nathan SHAINBERG, Herbert Shainberg, Ben Goldstein, Eugene Sebulsky, Sam Shainberg Dry Goods Co., Inc., and Sam Shainberg Company, Inc., Defendants.

United States District Court E. D. New York.

March 10, 1959.

Attorney(s) appearing for the Case

Leonard Feldman, New York City, for defendants Sam Shainberg Dry Goods Co. Inc., Sam Shainberg Company, Inc., and Nathan Shainberg, for the motion.

Friedman & Friedman, New York City, by Hyman R. Friedman, New York City, of counsel, for plaintiff, in opposition.

RAYFIEL, District Judge.

The above-named corporate defendants and the defendant Nathan Shainberg have moved under Rule 12(b) (5) of the Federal Rules of Civil Procedure, 28 U.S.C. to vacate the service of the summonses upon said corporate defendants, or, in the alternative, pursuant to Section 1404(a) of Title 28 U.S.Code, to transfer this action to the United States District Court for the Western District of Tennessee, at Memphis.

The plaintiff, a resident...

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