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INDUSTRIAL WAXES, INC. v. INTERNATIONAL RYS. OF CENT. AMER.

193 F.Supp. 783 (1961)

INDUSTRIAL WAXES, INC., and Edwin C. Price, Plaintiffs, v. INTERNATIONAL RAILWAYS OF CENTRAL AMERICA, James McGovern, Walter B. McGregor, Hugh R. Partridge, Frank I. Tennyson, Herman E. Willer, et al., Defendants.

United States District Court S. D. New York.

April 26, 1961.

Attorney(s) appearing for the Case

Joseph S. Catalano, New York City, for plaintiffs; Lester C. Lockwood, New York City, Nichols, Wood, Marx & Ginter, Cincinnati, Ohio, of counsel.

Cravath, Swaine & Moore, New York City, for defendants International Rys. of Central America, James McGovern, Walter E. McGregor, Hugh R. Partridge, Frank I. Tennyson and Herman E. Willer; Allen F. Maulsby, John W. Barnum, Pasco M. Bowman, New York City, of counsel.

WEINFELD, District Judge.

This action was instituted by an individual and corporate plaintiff, both citizens of the State of Ohio, against various defendants, all citizens of states other than Ohio. Jurisdiction of the subject matter is founded upon diversity of citizenship.

The present motion is for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S. C., dismissing the action for improper venue.1 It...

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