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PRUDENTIAL INS. CO. v. BMC INDUSTRIES, INC.

No. 85 Civ. 4881 (RWS).

626 F.Supp. 652 (1985)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Teachers Insurance and Annuity Association of America, State Street Bank and Trust Company, as Master Trustee for the Retirement Plans of Atlantic Richfield Company and Certain of its Subsidiaries, and Manufacturers Hanover Trust Co., as Trustee for the Special Situations Bond Fund, Plaintiffs, v. BMC INDUSTRIES, INC., and the First National Bank of Saint Paul, as Agent, Defendants.

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

November 21, 1985.

Attorney(s) appearing for the Case

White & Case, New York City (Thomas McGanney, of counsel), for plaintiffs.

Cahill Gordon & Reindel, P.C., BMC Industries, Inc., New York City (Charles A. Gilman, Thomas R. Jones and Laurence A. Silverman, of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendant BMC Industries, Inc. ("BMC") has brought a motion to dismiss the complaint for lack of venue or in the alternative to transfer this action to the United States District Court for the District of Minnesota pursuant to 28 U.S.C. § 1404(a), 1406(a). For the following reasons the motion is denied.

Prior Proceedings

This is an action brought by plaintiffs, the Prudential Insurance Company of America...

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