Legal Opinion

Pacific Car and Foundry Company v. Honorable Martin Pence, United States District Judge, District of Hawaii, and L. C. O'Neil Trucks Pty. Limited

Court of Appeals for the Ninth Circuit

Decided November 4, 1968No. 22565PublishedCited by 164 opinions

1Opinion of the Court

MERRILL, Circuit Judge:

Petitioner, Pacific Car and Foundry, seeks a writ of mandamus to compel respondent District Judge to dismiss or transfer an action brought against petitioner in the District Court for the District of Hawaii by L. C. O’Neil Trucks Pty. Ltd., an Australian corporation, which action alleges violation by petitioner of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2.

In that action petitioner, contending for lack of venue, moved that the action be dismissed or transferred under 28 U.S.C. § 1406(a). 1 The District Court found that petitioner “transacts business” in Hawaii and…

2Cases cited47 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  4. Will v. United StatesSupreme Court of the United States · 1967
  5. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943

42 more not listed; retrieve them via the Exa API.

3Cited by164 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. Lou v. BelzbergCourt of Appeals for the Ninth Circuit · 1987
  3. Board of Trustees, Sheet Metal Workers National Fund v. Baylor Heating & Air Conditioning, Inc.District Court, E.D. Virginia · 1988
  4. In Re Apple, Inc.Court of Appeals for the Eighth Circuit · 2010
  5. Fed. Sec. L. Rep. P 95,925 Arthur Young & Company v. United States District Court, Etc., Albert Kaufman, Real Parties in InterestCourt of Appeals for the Ninth Circuit · 1977

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