Opinion
Civil Action No. 6380.
March 31, 1948.
William M. Alper, of Freedman, Landy Lorry, all of Philadelphia, Pa., for plaintiff.
Richard A. Smith, of Philadelphia, Pa., for defendant.
On reargument of defendant's motion to dismiss the complaint.
Motion granted.
For former opinion, see 72 F. Supp. 326.
See also 77 F. Supp. 51.
Upon consideration of the additional authorities cited by counsel for the defendant at the reargument on defendant's motion to dismiss the complaint on the ground that venue of the present action is improperly laid in this district, I am persuaded that my previous opinion, 72 F. Supp. 326, denying defendant's motion to dismiss, is inconsonant with the principles expressed by Judge Biggs, speaking for the Third Circuit Court of Appeals in Dehne v. Hillman Inv. Co., 3 Cir. 110 F.2d 456. Inasmuch as the tort which is alleged as the basis for this action did not occur in Pennsylvania, I think that under the Dehne decision I am bound to grant the defendant's motion to dismiss the complaint.
An order may be entered accordingly.