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Environmental Defense Fund v. Armstrong

Citation: 2 ELR 20604
No. No. C-72-1057-CBR, (N.D. Cal., 09/01/1972) Venue proper

28 U.S.C. 1391 (e) states that an action "may be brought in any judicial district in which: (1) a defendant in the action resides . . . ." The provision does not require that venue lie in the district in which the defendant who might be most intimately concerned with the subject of the litigation resides. Venue in this case, arising out of the construction of the New Melones Dam, is properly set in the Northern District of California where one of the defendants, unquestionably involved with the project, resides. Further, defendants' assertion in general terms, that it would be in the interest of justice to have the case transferred, does not muster enough support for a transfer under 28 U.S.C. 1404 (a).

Counsel for Plaintiffs
Michael W. Palmer
Thomas J. Graff
Environmental Defense Fund, Inc.
2728 Durant Avenue
Berkeley, California 94704

Counsel for Defendants
David E. Golay Ass't. U.S. Attorney
450 Golden Gate Avenue
San Francisco, California 94102