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GALLEN v. HOWARD D. JOHNSON COMPANY

Nos. 67 Civ. 83, 67 Civ. 808.

271 F.Supp. 680 (1967)

Norman and Sylvia GALLEN, Individually, and Norman Charles Realty Corp., Plaintiffs, v. HOWARD D. JOHNSON COMPANY, Inc., Howard Johnson's Motor Lodges, Inc., Howard Johnson Incorporated of Florida, Howard Johnson Company, Inc., Realty Syndicates, Inc., Princeton Development Corporation and Phillips Petroleum Company (Inc.), Defendants. LAKE ASSOCIATES, INC., Plaintiff, v. HOWARD D. JOHNSON COMPANY, Inc., Howard Johnson's Motor Lodges, Inc., Howard Johnson Incorporated of Florida, Howard Johnson Company, Inc., Realty Syndicates, Inc., and Princeton Development Corporation, Defendants.

United States District Court S. D. New York.

July 31, 1967.

Attorney(s) appearing for the Case

Edward R. Downing, New York City, for plaintiffs.

Cravath, Swaine & Moore, New York City, for the Howard Johnson defendants, John R. Hupper, Laurence Greenwald, New York City, of counsel.

Baer, Marks, Friedman & Berliner, New York City, for defendant Phillips Petroleum Co., George H. Colin, Henry Winestine, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendants Realty Syndicates, Inc. and Princeton Development Corp.

OPINION

BONSAL, District Judge.

Defendants Howard D. Johnson Company, Howard Johnson's Motor Lodges, Howard Johnson Incorporated of Florida, and Howard Johnson Company (the Howard Johnson defendants) move for an order consolidating the above named actions pursuant to Rule 42(a) of the Federal Rules of Civil Procedure; dismissing the actions for improper venue or, in the alternative, transferring the actions to the United States District Court for the Middle...

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