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COLECO INDUSTRIES, INC. v. KRANSCO MANUFACTURING, INC.

247 F.Supp. 571 (1965)

COLECO INDUSTRIES, INC., Plaintiff, v. KRANSCO MANUFACTURING, INC. and Saul Mondschein (d. b. a. Mondschein & Co.), Defendants.

United States District Court S. D. New York.

June 10, 1965.

Attorney(s) appearing for the Case

Kenneth Pearson, New York City, for plaintiff.

Keith, Johnston, Isner & Des Marais, New York City, Guy W. Shoup, New York City, of counsel, for defendants.

TENNEY, District Judge.

Defendant moves herein, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint for improper venue under Section 1400(b) of Title 28 of the United States Code or, in the alternative, to transfer the action to the district where venue is more properly laid.

It is not disputed that defendant is a California corporation and is not a resident of this district; accordingly, venue can be laid in this district...

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