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IN RE VOLKSWAGEN OF AMERICA, INC.

No. 07-40058.

506 F.3d 376 (2007)

In Re: VOLKSWAGEN OF AMERICA, INC., a New Jersey Corporation; Volkswagen AG, a foreign corporation organized under the laws of Germany, Petitioners.

United States Court of Appeals, Fifth Circuit.

October 24, 2007.

Attorney(s) appearing for the Case

Danny S. Ashby (argued), Robert H. Mow, Jr., Christopher Donald Kratovil, Hughes & Luce, Dallas, TX, Burgain G. Hayes, Austin, TX, Ningur Akoglu, Ian Ceresney, Herzfeld & Rubin, New York City, for Petitioners.

Michael Charles Smith (argued), The Roth Law Firm, Marshall, TX, Jeffrey T. Embry, Hossley & Embry, Tyler, TX, Thomas Andrew Crosley, San Antonio, TX, for Plaintiffs-Respondents.

Before JOLLY, CLEMENT and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Petitioners Volkswagen AG and Volkswagen of America, Inc. (collectively, "Volkswagen"), defendants in the Marshall Division of the Eastern District of Texas, seek a writ of mandamus directing the district court to transfer this case to the Dallas Division of the Northern District of Texas, where the automobile accident and the injuries to the parties occurred. The plaintiffs exercised their privilege to choose the Marshall Division as...

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