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SCHENCK v. WALT DISNEY CO.

No. 90 Civ. 1773 (JMC).

742 F.Supp. 838 (1990)

Brian J. SCHENCK, as Administrator of the Estate of Patricia A. Schenck, and Brian J. Schenck, individually, and Brian J. Schenck, Jr. by his father and natural guardian, Brian J. Schenck, Plaintiffs, v. WALT DISNEY COMPANY and Walt Disney World Company, Defendants.

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

July 17, 1990.

Attorney(s) appearing for the Case

Christopher T. McGrath, Sullivan & Liapakis, P.C., New York City, for plaintiffs.

James P. Barrett, Simpson Thacher & Bartlett, New York City, for defendants.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Defendant's motion to dismiss is denied. Fed.R.Civ.P. 12(b)(2). Defendant's motion to transfer is granted. 28 U.S.C. § 1406(a).

BACKGROUND

On October 9, 1989, Patricia Schenck, a New York resident visiting Walt Disney World in Orlando, Florida, was killed when the small rental boat she was piloting collided with a 500-person ferry boat. Brian Schenck, the deceased's husband, subsequently...

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