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HUSTLER MAGAZINE v. UNITED STATES DISTRICT COURT

No. 86-1418.

790 F.2d 69 (1986)

HUSTLER MAGAZINE, INC., a California corporation; Flynt Distributing Company, Inc., a California corporation; and Larry C. Flynt, a citizen of California, Petitioners, (Defendants) v. UNITED STATES DISTRICT COURT For the DISTRICT OF WYOMING, the Honorable Clarence A. Brimmer, Respondent. Andrea Dworkin, a citizen of New York, Real Party in Interest, (Plaintiff).

United States Court of Appeals, Tenth Circuit.

May 7, 1986.

Attorney(s) appearing for the Case

Alan L. Isaacman, of Cooper, Epstein & Hurewitz, Beverly Hills, Cal. (David O. Carson, of Cooper, Epstein & Hurewitz, Beverly Hills, Cal., and Paul B. Godfrey and George Powers, of Godfrey & Sundahl, Cheyenne, Wyo., on brief), for petitioners.

Clarence A. Brimmer, Chief Judge of the United States District Court for the District of Wyoming, respondent.

Gerry L. Spence, (Gary L. Shockey, on brief), of Spence, Moriarity & Schuster, Jackson, Wyo., for real party in interest (plaintiff).

Before McKAY, MOORE and TACHA, Circuit Judges.

JAMES P. MOORE, Circuit Judge.

Petitioners seek a writ of mandamus compelling the district court to transfer this case from the District of Wyoming to the Central District of California on grounds that the latter locus would be more convenient to the witnesses. Since the district court refused to consider this motion, we direct that it do so.

The underlying diversity action was brought by Ms. Andrea Dworkin against Hustler Magazine, Inc., Flynt Distributing...

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