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KIBLER v. TRANSCONTINENTAL & WESTERN AIR

63 F.Supp. 724 (1945)

KIBLER v. TRANSCONTINENTAL & WESTERN AIR, Inc.

District Court, E. D. New York.

May 9, 1945.

Attorney(s) appearing for the Case

Frank L. Tyson, of New York City, for plaintiff.

Everett W. Bovard, of New York City (James M. Bovard, of New York City, of counsel), for defendant.

INCH, District Judge.

Defendant makes a motion which will be treated as seeking an order dismissing the action in this court only on the ground of improper venue, authorized by Rule 12 (b) (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. While the defendant has asked that the action be transferred to the Southern District, where it asserts the venue would be proper, the federal rules provide no procedure and no administrative machinery...

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