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JOZWIAK v. DAYTON OIL COMPANY

200 F.Supp. 300 (1961)

Philip JOZWIAK and Anna Jozwiak, his wife, Plaintiffs, v. DAYTON OIL COMPANY, an Ohio corporation, Defendant.

United States District Court S. D. New York.

December 18, 1961.

Attorney(s) appearing for the Case

Cooper, Ostrin & DeVarco, New York City, for plaintiffs, Richard Gyory, New York City, of counsel.

Schwartz & Frohlich, New York City, for defendant, Everett A. Frohlich, Paul F. Lardi, New York City, of counsel.

FEINBERG, District Judge.

This is a motion under 28 U.S.C. § 1404(a) by defendant Dayton Oil Company ("Dayton") to transfer this action to the United States District Court for the Southern District of Ohio, Western Division. Plaintiffs are residents of Michigan and Dayton is an Ohio corporation. The action is based upon diversity jurisdiction and grows out of an accident that occurred on July 11, 1958. The complaint was filed in this Court on July 5, 1961, but...

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