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GUY F. ATKINSON COMPANY v. CITY OF SEATTLE

No. 2233.

159 F.Supp. 722 (1958)

GUY F. ATKINSON COMPANY, a corporation, et al., Plaintiffs, v. CITY OF SEATTLE, a municipal corporation, Defendant.

United States District Court W. D. Washington, S. D.

January 15, 1958.

Attorney(s) appearing for the Case

Bogle, Bogle & Gates, Robert W. Graham and C. Calvert Knudsen, Seattle, Wash., Johnson & Stanton and Gardiner Johnson, San Francisco, Cal., for plaintiff.

A. C. VanSoelen, Corp. Counsel, for City of Seattle and A. L. Newbould, Asst. Corp. Counsel, Helsell, Paul, Fetterman, Todd & Hokanson, William A. Helsell and Richard S. White, Seattle, Wash., for defendant.

BOLDT, District Judge.

This action was commenced in the Southern Division of this court by the filing of a complaint alleging breach of contract and asserting jurisdiction solely by diversity of citizenship under 28 U.S.C. § 1332. Defendant City of Seattle is a municipal corporation located wholly within the Northern Division of this district.

Pursuant to 28 U.S.C. § 1406(a) defendant moves to dismiss the action, or, in the alternative, for its transfer...

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