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STRATEGIC MARKETING & COMMUNICATIONS v. KMART

No. 98 CIV. 1367(RLC).

41 F.Supp.2d 268 (1998)

STRATEGIC MARKETING & COMMUNICATIONS, INC., Plaintiff, v. KMART CORPORATION, Defendant.

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

October 19, 1998.

Attorney(s) appearing for the Case

Berlack, Israels & Liberman LLP, for Plaintiff, New York City, NY, Carole L. Fern, John P. Biedermann, of Counsel.

Howard & Howard Attorneys PC, for Defendant, Bloomfield Hills, MI, Jon R. Steiger, Patrick M. McCarthy, of Counsel.

Eaton & Van Winkle, for Defendant, New York City, NY, Kathryn L. Bedke, Robert K. Gross, of Counsel.

OPINION

ROBERT L. CARTER, District Judge.

Defendant Kmart Corporation ("Kmart") moves to dismiss the complaint of plaintiff Strategic Marketing and Communications, Inc. ("SMC") pursuant to 28 U.S.C. § 1406(a), or in the alternative, to transfer this action from the Southern District of New York to the Eastern District of Michigan pursuant to 28 U.S.C. § 1404(a).

I. Background

Plaintiff SMC is engaged in the business of...

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