Legal Opinion

Josephson v. McGuire

District Court, D. Massachusetts

Decided April 23, 1954No. Civ. A. 53-1106PublishedCited by 20 opinions

1Opinion of the Court

WYZANSKI, District Judge.

The sole question is whether in its discretion this Court should transfer this case pursuant to the venue provisions of 28 U.S.C. § 1404(a) from this district to the district of New Mexico. All parties concede that the Court has power and all are agreed as to the corpus of principles properly applicable to the exercise of discretion. Hence, only the briefest memorandum is required.

These are the factors which seem to me to be determinative.

1. This is a minority stockholder’s derivative suit. The complaint charges individual directors with a breach of their fiduciary…

2Cases cited3 opinions

  1. Weiss v. RouthCourt of Appeals for the Second Circuit · 1945
  2. Wason v. BuzzellMassachusetts Supreme Judicial Court · 1902
  3. Kelley v. American Sugar Refining Co.Massachusetts Supreme Judicial Court · 1942

3Cited by20 opinions

  1. In the Matter of Emanuel JosephsonCourt of Appeals for the First Circuit · 1954
  2. Schneider v. SearsDistrict Court, S.D. New York · 1967
  3. Chicago, Rock Island and Pacific Railroad Company v. IgoeCourt of Appeals for the Seventh Circuit · 1955
  4. Ryze Claims Solutions, LLC v. Jane Magnus-StinsonCourt of Appeals for the Seventh Circuit · 2020
  5. Mohamed v. Mazda Motor Corp.District Court, E.D. Texas · 2000

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