HILL, Circuit Judge. This original action was filed pursuant to our Rule 28, seeking to prohibit respondent from proceeding to try an action pending in the District of Utah, and to compel him to transfer the case to the Southern District of New York under 28 U.S.C. Section 1404 (a); and, to either dismiss the action as to a named defendant, Charles F. Fogarty and to quash the service of s…
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