Legal Opinion
In Re International Marine Towing, Inc.
Court of Appeals for the Fifth Circuit
Decided April 25, 1980No. 80-5191PublishedCited by 3 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The district court transferred an in rem action from the Middle District of Florida to another district in which an in personam action between the same parties involving the same issues is pending. Mandamus is sought to prevent the transfer on the ground that the statute permitting transfer of cases to a more convenient forum, 28 U.S.C. § 1404, does not apply to proceedings in rem. Concluding that Congress did not intend so narrowly to circumscribe the discretion of the courts to further the public interest both by avoiding duplicate proceedings and by conducting…
2Cases cited3 opinions
- Hoffman v. BlaskiSupreme Court of the United States · 1960
- Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
- Construction Aggregates Corp. v. S. S. Azalea CityDistrict Court, D. New Jersey · 1975
3Cited by3 opinions
- EMPTY BARGE LINES II v. Dredge Leonard FisherDistrict Court, E.D. Texas · 2006
- L.B. Harvey Marine, Inc., a Fla. Corp. v. M/v "River Arc" in Rem, Her Engines, Tackle, Furnishings, and Other Appurtenances, and OwnersCourt of Appeals for the Eleventh Circuit · 1983
- Furness Withy (Chartering), Inc. v. World Energy Systems Associates, Inc.District Court, N.D. Georgia · 1981