ULRICH v. STEAD

Civ. A. No. 7095.

161 F.Supp. 891 (1956)

Anton H. ULRICH, Plaintiff, v. Charles Jesse STEAD, Defendant.

United States District Court W. D. New York.

October 31, 1956.


Attorney(s) appearing for the Case

Clifford A. Russell, Jamestown, N. Y., for plaintiff.

Sullivan, Weaver & Maghran, Buffalo, N. Y. (John R. Weaver, Buffalo, N. Y., of counsel), for defendant.


MORGAN, District Judge.

Defendant moves to dismiss the above entitled action for lack of venue. Venue is not established by mere use of the highways under nonresident statute; in this case, section 52 of the Vehicle and Traffic Law of New York, McKinney's Consol. Laws, c. 71.

Section 1391(a), Title 28 U.S. C.A. provides, "A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only...

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