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EMJAYCO v. MORGAN STANLEY & CO., INC.

No. 95-3158.

901 F.Supp. 1397 (1995)

EMJAYCO, for Benefit of BART L. TROY, M.D. P.C., PROFIT SHARING PLAN, M.M. Sternstein, D.D.S., Ltd. Employee Profit Sharing Plan, Southern Illinois Head, Neck & Hearing SC Profit Sharing Savings Plan And Trust, Joel Sternstein, Michele K. Troy, for themselves, individually, and on behalf of all others similarly situated, Plaintiffs, v. MORGAN STANLEY & CO., INC., a Delaware corporation, John M. LeFrere, the Estate of William H. Gregory, III, and John or Jane Does One Through Five, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

October 4, 1995.

Attorney(s) appearing for the Case

George B. Gillespie, Hinshaw & Culbertson, Springfield, IL, Bradford J. Lam, Cairns Dworkin & Chambers P.C., Denver, CO, for plaintiffs.

Paul Brown, Brown Hay & Stephens, Springfield, IL, Roger J. Hawke, I. Scott Bieler, Cathleen N. Tiernan, Brown & Wood, New York City, for Morgan Stanley & Company, Inc.

Thomas J. Thomas, Juno Beach, FL, John M. LeFrere, West Palm Beach, FL, pro se, Robert B. McKay, Carney & McKay, Garden City, NY, for John LeFrere.

OPINION

RICHARD MILLS, District Judge:

Venue.

Keep it, or transfer?

Alas, we must transfer to our sister court in New York.

I. BACKGROUND

This case involves a dispute between investors, an investment manager, and a brokerage house. During the 1980s, the Plaintiffs, primarily physicians, office profit sharing plans, and pension trusts, invested in two partnerships, which in turn invested in Delta Capital Management...

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