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PLUM TREE, INC. v. STOCKMENT

No. 73-1665.

488 F.2d 754 (1973)

The PLUM TREE, INC., Petitioner, v. John STOCKMENT and Juanita Stockment, husband and wife, Respondents, and The Honorable Clarence C. Newcomer, Judge, United States District Court for the Eastern District of Pennsylvania, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided November 30, 1973.

Attorney(s) appearing for the Case

Martin Howard Katz, Harris N. Walters, Mark B. Dischell, Bridgeport, Pa., for petitioner.

R. C. Stiles, Wyckoff, Eikenburg, Russell & Dunn, Houston, Tex., for respondents.

Robert E. J. Curran, U. S. Atty., Philadelphia, Pa., for nominal respondent.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Petitioner Plum Tree, plaintiff in the district court, seeks a writ of mandamus or prohibition directing that the district court vacate its order dated June 28, 1973, transferring the action, pursuant to 28 U.S.C. § 1404(a), to the United States District Court for the Southern District of Texas, Houston Division. Answers to the petition have been filed by defendants and on behalf of the district judge ...

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