BATOR v. BOOSEY & HAWKES


80 F.Supp. 294 (1948)

BATOR et al. v. BOOSEY & HAWKES, Limited (COLUMBIA RECORDS, Inc., Third-Party Plaintiff).

United States District Court S. D. New York.

July 13, 1948.


Attorney(s) appearing for the Case

Wachtell, Manheim & Grouf and Arthur E. Garmaize, all of New York City, for plaintiffs.

Arthur L. Fishbein, of New York City (Maxwell Okun, of New York City, of counsel), for defendant Boosey & Hawkes, Limited.


COXE, District Judge.

This is a motion by the defendant Boosey & Hawkes, Ltd., to dismiss the action as to it (1) for improper venue, and (2) for lack of jurisdiction over its person on the ground that it neither transacts business in the State of New York nor is present here.

The action was originally commenced by the plaintiffs as executors of the will of Bela Bartok, deceased, against Columbia Records, Inc., as sole defendant, for a declaratory judgment...

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