GOLD v. SCURLOCK

No. 68 Civ. 1772.

290 F.Supp. 926 (1968)

Betty L. GOLD, Plaintiff, v. Arch C. SCURLOCK, Arthur W. Sloan and the Susquehanna Corporation, Defendants.

United States District Court S. D. New York.

October 17, 1968.


Attorney(s) appearing for the Case

Sidney B. Silverman, New York City, for plaintiff, Hale, Russell & Stentzel, Louis H. Kurrelmeyer, New York City, of counsel.

Purcell & Nelson, Washington, D.C., Franklin M. Schultz, Washington, D.C., of counsel, for defendant Arch C. Scurlock.

Gasperini, Koch & Savage, New York City, Edwin L. Gasperini, Arthur Savage, New York City, of counsel, for defendant Arthur W. Sloan.

Cleary, Gottlieb, Steen & Hamilton, New York City, James W. Lamberton, William Lynch, New York City, of counsel, and Rhyne & Rhyne, Washington, D.C., Charles S. Rhyne, Courts Oulahan, Washington, D.C., of counsel, for defendant The Susquehanna Corp.


OPINION

HERLANDS, District Judge:

Motions by each of the three defendants to transfer this case to the United States District Court for the Eastern District of Virginia in the "interest of justice" and for the "convenience of the parties and witnesses" (28 U.S.C. § 1404(a) (1964)) raise the following question: Should this Court initially determine whether there is a genuine issue of material fact (and thus possibly dispose of the entire case summarily...

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