SCHOEN v. MOUNTAIN PRODUCERS CORPORATION

Civil Action No. 1037.

76 F.Supp. 554 (1948)

SCHOEN v. MOUNTAIN PRODUCERS CORPORATION et al.

District Court, D. Delaware.

On Settlement of Order or Orders March 6, 1948.


Attorney(s) appearing for the Case

Herbert L. Cobin, of Wilmington, Del., Edgar J. Schoen, of Chicago, Ill., and Louis B. Arnold, of Washington, D.C., for plaintiff.

Hugh M. Morris and S. Samuel Arsht (of Morris, Steel, Nichols & Arsht), both of Wilmington, Del., A. L. Hodson, Weymouth Kirkland, and J. S. Kemper, Jr., of Chicago, Ill., and Donald Campbell, of Tulsa, Okl., for defendant Stanolind Oil & Gas Company.

William S. Potter and James L. Latchum (of Southerland, Berl & Potter), both of Wilmington, Del., for defendants Argo Oil Corporation and Arthur E. Johnson.

Caleb S. Layton (of Richards, Layton & Finger), of Wilmington, Del., for defendants Mountain Producers Corporation and Saltmount Oil Company.

John J. Morris, Jr. (of Hering, Morris, James & Hitchens), of Wilmington, Del., for defendant Harold D. Herndon and D. R. Murphy.


LEAHY, District Judge.

1. Certain individual defendants move to dismiss on the ground of improper venue. Proper venue in the case at bar must be determined by the provisions of § 51 of the Judicial Code, 28 U.S.C.A. § 112.* The general rule has been that to meet the requirement of venue in a diversity case suit must be brought in the District of plaintiff's or defendant's residence. An exception was noted by amending the statute...

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