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34.  Your deponent has fully and fairly stated to defendant's attorneys the facts that the defendant expects to prove by each and every one of the above witnesses and has been advised by its attorneys that each is a material witness and that without their testimony defendant cannot safely proceed to the trial of this action. Defendant's attorneys have further advised your deponent that the defendant has a good and substantial defense on the merits. Defendant intends, in good faith, to use the above witnesses in the proof of its defense.

WHEREFORE, your defendant respectfully prays that an order be granted herein changing the place of trial of this cause from Monroe County to New York County, and for such other, further and different relief as to this Court may seem just and proper.

No previous application has been made for the within relief.

Sworn to before me this 9th day of December, 1948.

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