Legal Opinion

D'Antuono v. CCH Computax Systems, Inc.

District Court, D. Rhode Island

Decided September 19, 1983No. Civ. A. 83-0447SPublishedCited by 50 opinions

1Opinion of the Court

OPINION

SELYA, District Judge.

This action was commenced in the state superior court and seasonably removed to this court pursuant to 28 U.S.C. § 1441. Jurisdiction is premised upon diversity of citizenship and the existence of a controversy in the requisite amount. 28 U.S.C. § 1332. The defendant has now moved to transfer venue to the United States District Court for the Southern District of California. While the motion is silent as to its statutory underpinnings, the court treats it as invoking the provisions of both 28 U.S.C. §§ 1404(a) 1 and 1406(a). 2

The transfer motion is buttressed by…

2Cases cited34 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Home Ins. Co. v. MorseSupreme Court of the United States · 1874
  5. Robert L. Bense v. Interstate Battery System of America, Inc.Court of Appeals for the Second Circuit · 1982

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3Cited by50 opinions

  1. George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
  2. In Re Pioneer Ford Sales, Inc. Ford Motor CompanyCourt of Appeals for the First Circuit · 1984
  3. Young v. Warwick Rollermagic Skating Center, Inc.Supreme Court of Rhode Island · 2009
  4. Hodes v. S.N.C. Achille Lauro ed Altri-GestioneCourt of Appeals for the Third Circuit · 1988
  5. Perkins v. CCH Computax, Inc.Supreme Court of North Carolina · 1992

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