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ORB FACTORY, LTD. v. DESIGN SCIENCE TOYS, LTD.

No. 96 Civ. 9469(RWS).

6 F.Supp.2d 203 (1998)

The ORB FACTORY, LTD., a Canadian corporation, Plaintiff, v. DESIGN SCIENCE TOYS, LTD., a New York corporation; and DOES 1-20, inclusive, Defendants, v. NOVA DESIGN GROUP, LTD., a New York corporation; Regis McCann, an individual; and DOES 1-20, inclusive, Counterclaim Defendants.

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

May 19, 1998.

Attorney(s) appearing for the Case

DuBoff & Ross, Portland, OR (Leonard D. DuBoff, of counsel), Salon, Marrow & Dyckman, New York City (Michael H. DuBoff, of counsel), for Plaintiffs.

John James Dalton, Rhinebeck, NY, for Defendants.

Regis A. McCann, West Hurley, NY, pro se.

OPINION

SWEET, District Judge.

Defendant Design Science Toys, Ltd. ("DST") has moved to transfer this action to the United States District Court for the Northern District of New York ("Northern District") pursuant to 28 U.S.C. § 1406(a) on the grounds that venue is improperly laid in the United States District Court for the Southern District of New York ("Southern District"), or, alternatively, pursuant to 28 U.S.C. § 1404(a) on the grounds...

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