Legal Opinion

Frechoux v. Lykes Bros. SS Co., Inc.

District Court, S.D. New York

Decided October 17, 1953PublishedCited by 13 opinions

1Opinion of the Court

WEINFELD, District Judge.

In this action for maintenance and cure and wages the defendant moves to transfer to the District Court of Louisiana pursuant to 28 U.S.C. § 1404(a). The parties have taken conflicting positions as to whether, prejudice would result to plaintiff on the issue of the applicable statute of limitations in the event of transfer.

The action having been properly brought in this district, plaintiff should not be prejudiced by a transfer of the action. The motion is granted upon the condition that the defendant stipulate that the statute of limitations which the District Court…

2Cases cited2 opinions

  1. Headrick v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Tenth Circuit · 1950
  2. Greve v. Gibraltar Enterprises, Inc.District Court, D. New Mexico · 1949

3Cited by13 opinions

  1. Van Dusen v. BarrackSupreme Court of the United States · 1964
  2. Kaiser v. Mayo ClinicDistrict Court, D. Minnesota · 1966
  3. Viaggio v. FieldDistrict Court, D. Maryland · 1959
  4. Hargrove v. Louisville & Nashville Railroad CompanyDistrict Court, W.D. Kentucky · 1957
  5. Crawford v. the Steamship SS Shirley LykesDistrict Court, S.D. New York · 1957

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