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SMITH v. HARRIS

No. 69-C-361.

308 F.Supp. 527 (1970)

Harold C. SMITH, III, Administrator of the Estate of Mildred B. Smith, Plaintiff, v. Roy J. T. HARRIS and Elizabeth M. Harris, his wife, Defendants.

United States District Court E. D. Wisconsin.

January 14, 1970.

Attorney(s) appearing for the Case

Moertl & Wilkins, Milwaukee, Wis., for plaintiff.

Wartman & Wartman, Ashland, Wis., for defendants.

MYRON L. GORDON, District Judge.

DECISION AND ORDER

The defendants have moved to dismiss the action as improvidently brought in this district, and in the alternative they have moved for a change of venue to the western district of Wisconsin under 28 U.S.C. §§ 1404(a) and 1406(a).

The underlying action involves a suit for specific performance of a real estate contract. It is alleged that the defendants, who are residents of Texas, by a contract...

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