Legal Opinion

A. J. Industries, Inc., a Delaware Corporation v. United States District Court for the Central District of California

Court of Appeals for the Ninth Circuit

Decided September 12, 1974No. 73-3584PublishedCited by 119 opinions

1Opinion of the Court

OPINION

NEILL, District Judge:

Petitioner filed this petition for a Writ of Mandamus or Prohibition requesting this Court to direct respondent to vacate its order transferring petitioner’s suit against Chesapeake Industries, Inc. to the District of Delaware. In support of the petition it is contended Delaware is not a district where the action “might have been brought” under 28 U.S.C. § 1404(a). Further, that even if an ability to raise the subject matter of the lawsuit by counterclaim in the transferee district is generally sufficient to satisfy the statute, transfer would be improper in this…

2Cases cited15 opinions

  1. Van Dusen v. BarrackSupreme Court of the United States · 1964
  2. Hoffman v. BlaskiSupreme Court of the United States · 1960
  3. Schneider v. SearsDistrict Court, S.D. New York · 1967
  4. Foster-Milburn Co. v. Knight, Chief JudgeCourt of Appeals for the Second Circuit · 1950
  5. Shapiro v. Bonanza Hotel Co., IncCourt of Appeals for the Ninth Circuit · 1950

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3Cited by119 opinions

  1. Board of Trustees, Sheet Metal Workers National Fund v. Baylor Heating & Air Conditioning, Inc.District Court, E.D. Virginia · 1988
  2. Francis Schertenleib v. Jerome S. TraumCourt of Appeals for the Second Circuit · 1978
  3. Park v. Dole Fresh Vegetables, Inc.District Court, N.D. California · 2013
  4. Allstar Marketing Group, LLC v. Your Store Online, LLCDistrict Court, C.D. California · 2009
  5. Los Angeles Memorial Coliseum Commission v. National Football LeagueDistrict Court, C.D. California · 1981

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