Legal Opinion
Herzog v. Central Steel Tube Co.
District Court, S.D. Iowa
Decided January 25, 1974No. Civ. 1-74PublishedCited by 9 opinions
1Opinion of the Court
RILEY, District Judge.
In this case, plaintiff seeks to avail himself of the benefits of Sec. 1404(a) of Title 28 U.S.Code, by moving for a transfer of this action to his district in Minnesota.
The defendant was not a resident of plaintiff’s district when suit was commenced, but was and is an Iowa corporation whose principal office is at Clinton, Iowa, in this District. Jurisdiction in this suit is founded only on diversity of citizenship. The action could have been “brought” only in this district. 28 U.S.C.A. § 1391(a).
Plaintiff contends that since potentially his district is one “where it…
2Cases cited3 opinions
- Foster-Milburn Co. v. Knight, Chief JudgeCourt of Appeals for the Second Circuit · 1950
- McCarley v. Foster-Milburn Co.District Court, W.D. New York · 1950
- Otto v. HirlDistrict Court, S.D. Iowa · 1950
3Cited by9 opinions
- United States v. ReidDistrict Court, E.D. Arkansas · 1952
- Berk v. Willys-Overland Motors, Inc.District Court, D. Delaware · 1952
- Dufek v. Roux Distributing CompanyDistrict Court, S.D. New York · 1954
- Mitchell v. GundlachDistrict Court, D. Maryland · 1955
- Gilpin v. WilsonDistrict Court, M.D. Alabama · 1957
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