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UNITED STATES, ETC. v. FIDELITY & DEPOSIT CO.

Civ. No. 4-79-235.

494 F.Supp. 354 (1980)

The UNITED STATES of America For the Use and Benefit of the CASWELL EQUIPMENT COMPANY, INC., Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Sherlock Construction Co., Inc., Defendants.

United States District Court, D. Minnesota, Fourth Division.

July 31, 1980.

Attorney(s) appearing for the Case

Michael A. Nekich, Leonard, Street & Dienard, Minneapolis, Minn., for plaintiff.

Robert I. Lang, Lang, Pauly & Gregerson, Minneapolis, Minn., for defendant.

James L. Baillie, Fredrikson, Byron, Colborn, Bisbee & Hansen, Minneapolis, Minn., for intervenor defendant.

MEMORANDUM AND ORDER

RENNER, District Judge.

This case is before the Court pursuant to the motion of intervenor-defendant Sherlock Construction Co., Inc. (hereinafter, "Sherlock"), to dismiss the action, or in the alternative, to transfer it to the United States District Court for the Northern District of Illinois, Eastern Division. Sherlock contends that venue is both improper under 28 U.S.C. § 1406(a) and inconvenient under 28 U.S.C. § 1404(a...

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