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LEIF HOEGH & CO. v. ALPHA MOTOR WAYS, INC.

No. 81 Civ. 0939 (JES).

534 F.Supp. 624 (1982)

LEIF HOEGH & CO., A/S d/b/a Hoegh Lines, Plaintiff, v. ALPHA MOTOR WAYS, INC., and Mark J. Stofan, Defendants.

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

March 18, 1982.

Attorney(s) appearing for the Case

Hill, Betts & Nash, New York City, for plaintiff; Lionel Rene Saporta, New York City, of counsel.

Rivkin, Leff, Sherman & Radler, Garden City, N. Y., for defendants; Michael O'Sullivan, Garden City, N. Y., of counsel.

SPRIZZO, District Judge:

Plaintiff, a Norwegian corporation, commenced this diversity action in February, 1981 seeking to recover the fair market value and fair market rental value of a 20 foot trailer (the "container") which plaintiff delivered to defendants at their request and which defendants have failed to return.

Defendants' verified answer to plaintiff's amended complaint did not assert the defense of improper venue. On November 5, 1981, some four months...

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