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ST. HILAIRE v. SHAPIRO

No. 75 C 235.

407 F.Supp. 1029 (1976)

Joyce M. ST. HILAIRE, Plaintiff, v. Jacob SHAPIRO and Abraham S. Shapiro, Defendants. Abraham S. SHAPIRO, Third-Party Plaintiff, v. Emmet J. ST. HILAIRE, Third-Party Defendant.

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

January 26, 1976.

Attorney(s) appearing for the Case

Trubin, Sillcocks, Edelman & Knapp, New York City, for plaintiff; Howard M. Goldstein, Marvin V. Ausubel, New York City, of counsel.

Mele & Cullen, Brooklyn, N. Y., for defendants and third-party plaintiff; Salvatore J. Martino, Brooklyn, N. Y., of counsel.

McLaughlin & Lawlor, New York City, for third-party defendant; Arthur Kanter, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The third-party defendant moves for an order, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, dismissing the summons and complaint, or in the alternative, for an order, pursuant to 28 U.S.C. § 1406, transferring the action to the Northern District of New York.

This action was commenced by the filing of a complaint in this district on February 14, 1975. This suit is to recover damages for personal injuries sustained...

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