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THIRD AVE. TRUST v. SUNTRUST BANK

No. 00 Civ. 6747(RLC).

163 F.Supp.2d 215 (2001)

THIRD AVENUE TRUST, Plaintiff, v. SUNTRUST BANK, Defendant.

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

April 4, 2001.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York, New York, for the Plaintiff, Marshall R. King, of counsel.

Silverberg, Stonehill & Goldsmith, P.C., New York, New York, for the Defendant, Michael Goldsmith, Kenneth R. Schachter, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Defendant SunTrust Bank ("SunTrust") moves to dismiss this action pursuant to Rule 12(b)(7), F.R. Civ. P., for failure to join a party under Rule 19, F.R. Civ. P., or, in the alternative, to transfer this action from the Southern District of New York to the District of Delaware, pursuant to 28 U.S.C. § 1404(a). Plaintiff Third Avenue Trust ("Third Avenue") opposes both motions.

BACKGROUND

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