Kraft v. Hoskins

ORDER

KELLAM, District Judge.

Plaintiff, a resident of Virginia, in this diversity action seeks to recover damages from defendant, a resident of North Carolina, for injuries sustained in an automobile accident which occurred January 10, 1969, on U.S. Route No. 17, north of Elizabeth City, North Carolina, not far from the Virginia State Line.

Defendant filed (a) motion under Rule 12(b) of the Federal Rules of Civil Procedure to dismiss for lack of venue, or in any event (b) to transfer the action to the Eastern District of North *1405Carolina, Elizabeth City Division for trial.

We must first determine…