FIRESTONE v. GALBREATH

No. 88 Civ. 8631 (LLS).

722 F.Supp. 1020 (1989)

Douglas B. FIRESTONE and Amy Firestone Del Valle, Plaintiffs, v. Daniel M. GALBREATH, Individually, as Executor of the Estate of Dorothy B. Galbreath, as Trustee of the Dorothy Bryan Galbreath Family Trust, u/a dated October 31, 1978, and (with Joan Galbreath Phillips) doing business as Darby Dan Farm, the Estate of John W. Galbreath, by Daniel M. Galbreath, Executor, the John W. Galbreath Trust, u/a dated June 10, 1976, by Daniel M. Galbreath, Trustee, John W. Galbreath's Darby Dan Farm Trust, u/a dated June 10, 1976, by Daniel M. Galbreath, Trustee, Joan Galbreath Phillips, Individually and (with Daniel M. Galbreath) doing business as Darby Dan Farm, James W. Phillips, John W. Phillips, Lizanne Galbreath, John W. Galbreath & Co., Inc., Galbreath-Ruffin Corporation, Akron Redevelopment Corporation, Bricker & Eckler, John Eckler, David C. Cummins, Charles H. Waterman, III, Bolon, Hart & Buehler, Inc., Dolorees I. Dutoit, River House Realty Co., Inc., the Jockey Club, Inc., Andrew P. Firestone, Leigh E. Firestone, Mark Firestone, Russell A. Firestone, III, David M. Firestone, Jr., Jeffrey Firestone, Deborah Lynn Firestone and Cindy Graham, Defendants.

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

September 27, 1989.


Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy (Edward H. Reilly, of counsel), New York City, for plaintiffs.

Leboeuf, Lamb, Leiby & MacRae (Frederick B. Lacey, Bradley Hummel, Robert M. Kincaid, Jr., John F. Winkler, Baker & Hostetler, Columbus, Ohio, of counsel), New York City, for Daniel M. Galbreath, et al.

Patterson, Belknap, Webb & Tyler (Philip Forlenza, Robert D. Orlin, David A. Kissinger, Squire, Sanders & Dempsey, Columbus, Ohio, of counsel), for defendants Bricker & Eckler, John Eckler, David C. Cummins, John W. Phillips and Charles H. Waterman III.

Siff, Rosen & Parker, P.C. (Louis G. Adolfsen, of counsel), New York City, for defendant Bolon, Hart & Buehler, Inc.

Liddle, O'Connor, Finkelstein & Robinson, New York City, for defendants Jeffrey Firestone and David M. Firestone, Jr.

Joan E. O'Dell, Washington, D.C., for defendant Russell A. Firestone III.


OPINION and ORDER

STANTON, District Judge.

Various defendants move to dismiss or transfer this action to the United States District Court for the Southern District of Ohio, Eastern Division. The motions to transfer are granted.

BACKGROUND

This case concerns the estate of Dorothy Firestone Galbreath. Plaintiffs, two of Mrs. Galbreath's grandchildren from her first marriage, claim that Mrs. Galbreath...

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