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ASM COMMUNICATIONS, INC. v. ALLEN

No. 86 Civ. 5924 (MGC).

656 F.Supp. 838 (1987)

ASM COMMUNICATIONS, INC., Plaintiff, v. Edward George ALLEN, Jr. and Eleanor Bauer Allen, Defendants.

United States District Court, S.D. New York.

February 24, 1987.

Attorney(s) appearing for the Case

Satterlee & Stephens by Mario A. Aieta and Robert M. Callagy, New York City, for plaintiff.

Levisohn, Lerner & Berger, by Howard Leib, New York City (Hamrick, Hoffman, Guillot & Kazubowski, by Diane Hoffman, San Jose, Cal., of counsel), for defendants.

CEDARBAUM, District Judge.

Defendants Edward George Allen, Jr. ("Mr. Allen") and Eleanor Bauer Allen ("Mrs. Allen") have moved pursuant to FRCP 12(b) to dismiss for improper venue and lack of personal jurisdiction; or, in the alternative, to transfer this action to the United States District Court for the Northern District of California pursuant to 28 U.S.C. § 1406(a). Because the plain language of the forum selection clause for which the parties contracted mandates...

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