Legal Opinion

Strypek v. Schreyer

District Court, S.D. New York

Decided January 30, 1954PublishedCited by 7 opinions

1Opinion of the Court

WEINFELD, District Judge.

The rule on motions for transfer under § 1404(a) of Title 28, United; States Code, is that the plaintiffs’ choice of forum — in this instance, the district, of their residences — is rarely to be disturbed. And unless the defendants sustain the burden of showing that “the-balance is strongly in favor” of them,. their motion must be denied. 1 The defendants have failed to sustain their burden.

The moving affidavit contains a general statement that all available witnesses reside within fifty miles of the courthouse of the Pennsylvania District to which transfer is sought,…

2Cases cited3 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Jenkins v. Wilson Freight Forwarding Co.District Court, S.D. New York · 1952
  3. Lago Oil & Transport Co. v. United StatesDistrict Court, S.D. New York · 1951

3Cited by7 opinions

  1. Sweetheart Plastics, Inc. v. Illinois Tool Works, Inc.District Court, S.D. New York · 1967
  2. Brown v. WoodringDistrict Court, M.D. Pennsylvania · 1959
  3. General Electric Co. v. Central Transit Warehouse Co.District Court, W.D. Missouri · 1955
  4. Coffill v. Atlantic Coast Line RailroadDistrict Court, E.D. New York · 1960
  5. Cold Metal Products Co. v. Crucible Steel Co.District Court, D. New Jersey · 1954

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