Untersinger v. United States

KNOX, Chief Judge.

The question now before me is whether a libel in personam suffering from a defect in venue, and properly dismissed by this court 74 F.Supp. 155, prior to the effective date of the new Judicial Code, 28 U.S.C.A., can presently be transferred to the proper district, following remand to this tribunal by the Court of Appeals, which affirmed the order of dismissal.

A preliminary consideration arises' from the fact that an obviously clerical error occurred in the opinion of the appellate court in that this court was empowered to entertain an application for a transfer of the action…