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CUTTER v. SCOTT & FETZER CO.

No. 80-C-1154.

510 F.Supp. 905 (1981)

Robert N. CUTTER, d/b/a Cutter Kirby Co., Plaintiff, v. The SCOTT & FETZER COMPANY, Kirby Company Division, Defendant.

United States District Court, E. D. Wisconsin.

March 27, 1981.

Attorney(s) appearing for the Case

Davis, Kuelthau, Vergeront, Stover, Werner & Goodland by David W. Neeb and Ross F. Plaetzer, Milwaukee, Wis., for plaintiff.

Quarles & Brady by Thomas W. Ehrmann & Joan P. Clark, Milwaukee, Wis., for defendant; Jones, Day, Reavis & Pogue by Barry L. Springel and Irving Berger, Cleveland, Ohio, of counsel.

DECISION and ORDER

MYRON L. GORDON, District Judge.

Presently before me is the defendant's motion to transfer this action pursuant to 28 U.S.C. § 1406(a) and Rule 12(b)(3), Federal Rules of Civil Procedure. The plaintiff is a distributor of the defendant's products in the area of Fond du Lac, Wisconsin. In the fall of 1980, the defendant terminated the distributor's agreement it had with the plaintiff. The...

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