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MARINO v. LANDIS TRUCKING CO., INC.

Civ. A. No. 61-76.

195 F.Supp. 776 (1961)

Charles MARINO, Jr., Plaintiff, v. LANDIS TRUCKING CO., Inc., and Warren Clanton, Defendants.

United States District Court W. D. Pennsylvania.

June 29, 1961.

Attorney(s) appearing for the Case

John Ruffalo, William Bender, Youngstown, Ohio, James A. Wright, Pittsburgh, Pa., for plaintiff.

Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for defendants.

GOURLEY, Chief Judge.

This is a motion of defendant to dismiss the complaint for the reason that venue does not exist in this court.

Based upon the allegations of the complaint that plaintiff is a resident of Ohio and defendants are residents of New York and New Jersey, the law is settled that venue would not lie with this court. Olberding v. Illinois Central R. R., 346 U.S. 338, 74 S.Ct. 83, 98 L.Ed. 39; McCoy v. Siler, 3 Cir...

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