Legal Opinion

McCarley v. Foster-Milburn Co.

District Court, W.D. New York

Decided March 9, 1950No. Civ. 4223PublishedCited by 19 opinions

1Opinion of the Court

KNIGHT, Chief Judge.

Plaintiff moves to change place of trial of this action to U. S. District Court: Northern Division of Southern District, sitting in Fresno, California. His counsel cite 28 U.S.C.A. § 1404(a) and state: “We rely * * * upon e'ach of the three grounds included within this section, namely: (1) the convenience of the parties (2) the convenience of the witnesses and (3) the interest of justice.”

Plaintiff, a citizen of California suing as administrator of the estate of his deceased wife, alleges that, on or about February 10, 1949, she purchased in Merced, California, a bottle of…

2Cases cited18 opinions

  1. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  2. Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
  3. Rosenberg Bros. & Co. v. Curtis Brown Co.Supreme Court of the United States · 1923
  4. Baltimore & Ohio Railroad v. KepnerSupreme Court of the United States · 1941
  5. Panhandle Eastern Pipe Line Co. v. Federal Power CommissionSupreme Court of the United States · 1945

13 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Paramount Pictures, Inc. v. Rodney, U.S. District Judge (Two Cases). Interstate Circuit, Inc. v. Rodney, U.S. District Judge (Two Cases)Court of Appeals for the Third Circuit · 1951
  2. United States v. ReidDistrict Court, E.D. Arkansas · 1952
  3. Anschell v. SackheimDistrict Court, D. New Jersey · 1956
  4. Leopard Roofing Co. v. Asphalt Roofing Industry BureauDistrict Court, E.D. Tennessee · 1960
  5. Berk v. Willys-Overland Motors, Inc.District Court, D. Delaware · 1952

14 more not listed; retrieve them via the Exa API.

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