Legal Opinion · Dissent

Chesapeake & Ohio Railway Co. v. Parsons

Court of Appeals for the Seventh Circuit

Decided September 7, 1962No. 13701Published

1DissentCastle, Circuit Judge

I would deny the petition for mandamus. In my view of the matter the contested issues presented for determination are:

“(1) Whether the state court’s determination, made under the forum non conveniens doctrine, estops Filbrun from maintaining his action in a court sitting in Cook County, Illinois, and requires the District Court to allow the petitioner’s motion to transfer the action to the Western District of Michigan, Southern Division; and if it does not,
“(2) Whether, on the facts and circumstances presented, it is clearly established that the respondent’s denial of the transfer sought…

2Cases cited11 opinions

  1. Norwood v. KirkpatrickSupreme Court of the United States · 1955
  2. Chicago, Rock Island and Pacific Railroad Company v. IgoeCourt of Appeals for the Seventh Circuit · 1955
  3. Cotton v. Louisville & Nashville RailroadIllinois Supreme Court · 1958
  4. Chicago, R.I. & P.R. Co. v. IgoeCourt of Appeals for the Seventh Circuit · 1954
  5. John F. Blaski v. Honorable Julius J. Hoffman, United States District JudgeCourt of Appeals for the Seventh Circuit · 1958

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