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J.V.B. INDUSTRIES v. FEDERATED DEPT. STORES, INC.

No. CV 86-3926.

684 F.Supp. 22 (1988)

J.V.B. INDUSTRIES, INC., as Assignees of Tab Industries, Inc., as Assignor, Plaintiff, v. FEDERATED DEPARTMENT STORES, INC., et al., Defendants.

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

March 1, 1988.

Attorney(s) appearing for the Case

Goetz, Fitzpatrick & Flynn, P.C., New York City, for plaintiff; William B. Flynn, of counsel.

Epstein, Becker & Green, P.C., New York City, Baker & Hostetler, Columbus, Ohio, for defendant Federated Dept. Stores, Inc.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Defendant moves to dismiss this action, or in the alternative, for a change of venue to the Southern District of Ohio, Eastern Division, pursuant to 28 U.S.C. § 1401(a). This breach of contract action was commenced on November 19, 1986. On December 9, 1986, defendant moved for arbitration, pursuant to the contract. On December 11, 1986, defendant moved to stay the breach claim pending arbitration...

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