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TEXAS GULF SULPHUR COMPANY v. RITTER

No. 9118.

371 F.2d 145 (1967)

TEXAS GULF SULPHUR COMPANY, a Texas corporation, and Charles F. Fogarty, Petitioners, v. The Honorable Willis W. RITTER, Chief Judge of the United States District Court for the District of Utah, and George Gordon Reynolds, Respondents.

United States Court of Appeals Tenth Circuit.

January 3, 1967.

Attorney(s) appearing for the Case

Calvin A. Behle, Salt Lake City, Utah (Keith E. Taylor, of Parsons, Behle, Evans & Latimer, Salt Lake City, Utah, on the brief), for petitioners.

Parker M. Nielson, Salt Lake City, Utah (A. Reed Reynolds of Clyde, Mecham & Pratt, Salt Lake City, Utah, on the brief), for respondents.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and KERR, District Judge.

HILL, Circuit Judge.

This original action was filed pursuant to our Rule 28, seeking to prohibit respondent from proceeding to try an action pending in the District of Utah, and to compel him to transfer the case to the Southern District of New York under 28 U.S.C. Section 1404(a); and, to either dismiss the action as to a named defendant, Charles F. Fogarty and to quash the service of summons as to him or to transfer the case, as to him, to the above named district...

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