Legal Opinion

Seay v. Kaplan

District Court, S.D. Iowa

Decided May 6, 1964No. Civ. Nos. 2-485, 2-486PublishedCited by 1 opinion

1Opinion of the Court

HANSON, District Judge.

The question on the present motion is whether the new venue statute, Section 1391(f) Title 28 U.S.C., applies to pending actions. The legislative history gives no indication of an answer to the question.

41 A.L.R.2d 798 contains an annotation dealing with the operation and effect of venue statutes on pending cases. The present case was pending and untried at the trial level when the new venue statute was enacted. This annotation shows that there is a split of authority. The following cases are cited as authority for the proposition that a statute fixing venue is…

2Cases cited15 opinions

  1. Ex Parte CollettSupreme Court of the United States · 1949
  2. Schoen v. Mountain Producers CorporationCourt of Appeals for the Third Circuit · 1948
  3. United States v. National City Lines, Inc.District Court, S.D. California · 1948
  4. Watt v. WrightCalifornia Supreme Court · 1884
  5. Bascom v. District Court of Cerro Gordo CountySupreme Court of Iowa · 1941

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3Cited by1 opinion

  1. C. F. Pruess, Sr. v. Stewart L. Udall, Secretary of InteriorCourt of Appeals for the D.C. Circuit · 1965

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