CARLENSTOLPE v. MERCK & CO., INC.

No. 878, Docket 86-7959.

819 F.2d 33 (1987)

Eric CARLENSTOLPE, Appellee, v. MERCK & CO., INC., Appellant.

United States Court of Appeals, Second Circuit.

Decided May 14, 1987.


Attorney(s) appearing for the Case

Thomas F. Campion, Shanley & Fisher, New York City (James M. Altieri, on brief), for appellant.

Paul S. Edelman, Kreindler & Kreindler, New York City (Bjorn Koritz, David Otis Fuller, Gregory Smith, Koritz & Fuller, New York City, of counsel), for appellee.

Before OAKES and WINTER, Circuit Judges, and METZNER, District Judge.


OAKES, Circuit Judge:

In this diversity action, defendant-below Merck & Co., Inc. (Merck), challenges an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Judge, which denied Merck's motion to dismiss the complaint of plaintiff Eric Carlenstolpe on the grounds of forum non conveniens. Merck simultaneously appeals this decision and petitions for a writ of mandamus compelling the district court to dismiss Carlenstolpe...

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