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U. S. INDUSTRIES, INC. v. PROCTER & GAMBLE COMPANY

No. 72 Civ. 1351.

348 F.Supp. 1265 (1972)

U. S. INDUSTRIES, INC., Plaintiff, v. The PROCTER & GAMBLE COMPANY, Defendant.

United States District Court, S. D. New York.

June 9, 1972.

Attorney(s) appearing for the Case

Morgan, Finnegan, Durham & Pine, New York City, for defendant; Jerome G. Lee, George B. Finnegan, Jr., Warren H. Rotert, Harry C. Marcus, New York City, Dugald S. McDougall, Theodore R. Scott, McDougall, Hersh & Scott, Chicago, Ill., Edmund J. Sease, Cincinnati, Ohio, The Procter & Gamble Co., Winton Hill Technical Center, of counsel.

Darby & Darby, New York City, for plaintiff; William F. Dudine, Jr., Michael J. Sweedler, New York City, of counsel.

PALMIERI, District Judge.

Defendant brings this motion pursuant to 28 U.S.C. §§ 1404(a) and 1406 for an order transferring this action to the United States District Court for the Southern District of Ohio, Western Division (Cincinnati) on the grounds: (1) that jurisdiction and venue are doubtful here but clear in Ohio and (2) that transfer will be for the convenience of the parties and witnesses and in the interest of justice.

The complaint of U...

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