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BENSE v. INTERSTATE BATTERY SYSTEM OF AMERICA

No. 932, Docket 81-7879.

683 F.2d 718 (1982)

Robert L. BENSE, Plaintiff-Appellant, v. INTERSTATE BATTERY SYSTEM OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 6, 1982.

Attorney(s) appearing for the Case

Peter Banse, Rutland, Vt. (Keyser, Crowley, Banse, Abell & Facey, Rutland, Vt., of counsel), for plaintiff-appellant.

William F. Carroll, Dallas, Tex. (Coke & Coke, J. Michael Weston, W. Pruitt Ashworth, Crutsinger & Booth, John F. Booth, Sr., Dallas, Tex., Carroll, George, Hill & Pratt, Alan B. George, S. Scott Smith, Rutland, Vt., of counsel), for defendant-appellee.

Before TIMBERS, KEARSE and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Plaintiff-appellant Robert L. Bense appeals from a final judgment entered on November 11, 1981, in the United States District Court for the District of Vermont dismissing his complaint for lack of proper venue.

Defendant-appellee Interstate Battery System of America, Inc. ("Interstate") is a Texas corporation with its main offices in Dallas County, Texas. Interstate markets automobile storage batteries through a network of franchised...

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