Hintz v. Austenal Laboratories, Inc.

BYERS, District Judge.

This is a defendant’s motion to transfer this cause sounding in tort, to the Southern District, upon the ground that venue does not lie in the Eastern District, since the defendant, a New York. corporation, has its only place of business in the Borough of Manhattan, Southern District, and none in.any county in the Eastern District. That is stated in the affidavit of Soller, the vice-president.

The attorney for the defendant, in his affidavit, recites that jurisdiction is based upon diversity and the amount in controversy; his further' statement that it appears from the…