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RAPHAEL J. MUSICUS, INC. v. SAFEWAY STORES, INC.

No. 83-3001.

743 F.2d 503 (1984)

RAPHAEL J. MUSICUS, INC., Plaintiff-Appellant, v. SAFEWAY STORES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1984.

As Amended September 5, 1984.

Attorney(s) appearing for the Case

Raphael J. Musicus of Raphael J. Musicus Ltd., Wilmette, Ill., for Raphael J. Musicus, Inc.

Harry L. Hobson, Holland & Hart, Denver, Colo., for defendant-appellee.

Before CUDAHY and FLAUM, Circuit Judges, and KELLAM, Senior District Judge.

CUDAHY, Circuit Judge.

This is an appeal from a dismissal for lack of proper venue of a diversity case which presents somewhat arcane and technical issues involving the characterization of actions as local or transitory for venue purposes. For the reasons given below, we reverse and remand to the district court for further proceedings.

I

Defendant-appellee, Safeway Stores, Inc. ("Safeway"), undertook in 1961 a sale and leaseback arrangement of seven...

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