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EXCHANGE NAT. BANK OF OLEAN v. INSURANCE CO. OF NO. AMER.

No. 184, Docket 29121.

341 F.2d 673 (1965)

The EXCHANGE NATIONAL BANK OF OLEAN, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 19, 1965.

Attorney(s) appearing for the Case

Robert M. Diggs, Olean, N. Y. (Hornburg, Diggs & Dwyer, Olean, N. Y., on the brief), for plaintiff-appellant.

Richard E. Moot, Buffalo, N. Y. (Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

Plaintiff, The Exchange National Bank of Olean, New York, commenced a diversity action in the Eastern District of Pennsylvania to recover on an indemnity bond issued by defendant, Insurance Company of North America. Defendant moved under 28 U.S.C. § 1404(a) to have the case transferred to the Western District of New York and the motion was granted. We find no error in effecting this transfer, and our primary concern is with the merits...

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