District Court, S.D. New York August 30, 1995, 94 Civ. 6759 (DAB) (Haagen-Dazs Shoppe Co., Inc. v. Born)

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BATTS, District Judge.

Defendants move, pursuant to 28 U.S.C. § 1404(a), to transfer venue to the Southern District of California. In the alternative, Defendants move to dismiss “in the interests of justice,” arguing that a tort action currently pending in the Superior Court of California between Plaintiff and Defendants renders this contract action duplicative.