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HOME INS. CO. v. THOMAS INDUSTRIES, INC.

No. 89-8228.

896 F.2d 1352 (1990)

HOME INSURANCE COMPANY, Home Indemnity Company, City Insurance Company, Plaintiffs-Appellants, v. THOMAS INDUSTRIES, INC., A Foreign Corporation, American Stevedoring Corporation, a foreign corporation, TLM, Inc., as putative successor in interest to American Stevedoring Corp., a foreign corporation, Thomas Holding Company, Inc., a foreign corporation, Earl James Thomas, individually and as officer and director of Thomas Industries, Inc., American Stevedoring Corp., TLM, Inc., and Thomas Holding Company, Inc., Lindsey James Thomas, individually and as officer and director of Thomas Industries, Inc., American Stevedoring Corp., TLM, Inc. and Thomas Holding Company, Inc., Kingsley Head Thomas, individually and as officer and director of Thomas Industries, Inc., American Stevedoring Corp., TLM, Inc., and Thomas Holding Company, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 22, 1990.

Attorney(s) appearing for the Case

David C. Marshall, Atlanta, Ga., Larry D. Thompson, William S. Duffey, Jr., Dwight J. Davis, Fred G. Codner, King & Spaulding, Atlanta, Ga., for plaintiffs-appellants.

J. Scott Jacobson, David Franklin Cooper, Holt, Ney, Zatcoff & Wasserman, Atlanta, Ga., for defendants-appellees.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The Home Insurance Company appeals from the district court's dismissal of its action on the basis of improper venue and from the district court's denial of its motion to conduct additional discovery on the issue of venue. Because we find that the district court abused its discretion in dismissing the case for lack of venue, we reverse and remand.

BACKGROUND

This diversity action was filed by The Home Insurance Company, The...

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