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MORTENSEN v. WHEEL HORSE PRODUCTS, INC.

No. 91-CV-29.

772 F.Supp. 85 (1991)

Kenneth J. MORTENSEN and Sandra Mortensen, Plaintiffs, v. WHEEL HORSE PRODUCTS, INC., Defendant.

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

July 25, 1991.

Attorney(s) appearing for the Case

Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh, N.Y., for plaintiffs; John J. Tackach, of counsel.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany, N.Y., for defendant; Dianne Bresee Mayberger, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Presently before the court are cross-motions by plaintiffs and defendant. Defendant moves pursuant to 28 U.S.C. § 1631 to transfer the case to the United States District Court, Southern District of New York to cure a defect in this court's subject matter jurisdiction. Alternatively, defendant moves to transfer pursuant to 28 U.S.C. § 1404(a) or 28 U.S.C. § 1406(a) to cure a defect...

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