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RAILEX CORPORATION v. WHITE MACHINE COMPANY

No. 64-C-1076.

243 F.Supp. 381 (1965)

RAILEX CORPORATION, Plaintiff, v. WHITE MACHINE COMPANY, Inc., and White Conveyor Company, Inc., Defendants.

United States District Court E. D. New York.

June 7, 1965.

Attorney(s) appearing for the Case

John M. Calimafde, New York City, for plaintiff; Paul H. Blaustein, Stanley I. Rosen, New York City, of counsel.

Irving Seidman, New York City, for defendants; Richards & Cifelli, Newark, N. J., of counsel.

BARTELS, District Judge.

Motion by defendants pursuant to Rule 12(b), Fed.Rules Civ.Proc., 28 U.S.C.A., to dismiss this patent infringement suit on the grounds that (1) this Court lacks in personam jurisdiction and (2) venue is improper. In the alternative, they ask that the action be transferred to the United States District Court for the District of New Jersey under the provisions of 28 U.S.C.A. §§ 1404(a) and 1406(a).

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