Opinion
No. 9774.
Argued March 2, 1965.
Decided March 11, 1965.
H. Stephen Madsen, Cleveland, Ohio (Joseph T. Gorman, Kent, Ohio, A. Baron Holmes III, Charleston, S.C., Baker, Hostetler Patterson, Cleveland, Ohio, and Hagood, Rivers Young, Charleston, S.C., on brief), for appellant.
Don G. Nicholson, Miami, Fla., and Ernest F. Hollings, Charleston, S.C. (Hollings Hawkins, Charleston, S.C., and Nicholson, Howard Brawner, Miami, Fla., on brief), for appellees.
Before BRYAN and J. SPENCER BELL, Circuit Judges, and HUTCHESON, District Judge.
This is an appeal from an order of the district court denying a foreign corporate defendant's motions to dismiss the action for lack of in personam jurisdiction and for improper venue or, in the alternative, to transfer the case under 28 U.S.C.A. § 1404(a) to the Northern District of Ohio.
Jurisdiction is based on 28 U.S.C.A. § 1292(b).
The court's order was based upon the complaint, exhibits attached thereto, and affidavits. We agree that at this stage of the case, the motions were properly denied. Accordingly, the judgment is affirmed.
Affirmed.