Legal Opinion

Foster-Milburn Co. v. Knight, Chief Judge

Court of Appeals for the Second Circuit

Decided May 3, 1950No. 21643PublishedCited by 110 opinions

1Opinion of the Court

L. HAND, Chief Judge.

The defendants have filed a petition for a writ of mandamus or prohibition to prevent the transfer of an action, based upon diversity of citizenship, from the Western District of New York to the Southern District (Northern Division) of California. No order has yet been issued, but after hearing both parties upon a petition of the plaintiff the judge has filed an opinion, holding that § 1404(a) of the Judicial Code 1 authorizes the transfer because it will be for the convenience of witnesses; and concededly, he will enter the appropriate order, unless we decide otherwise.…

2Cases cited13 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Pennoyer v. NeffSupreme Court of the United States · 1878
  3. Phillips v. NegleySupreme Court of the United States · 1886
  4. Robertson v. Railroad Labor BoardSupreme Court of the United States · 1925
  5. Gilmore v. United StatesCourt of Appeals for the Eighth Circuit · 1942

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3Cited by110 opinions

  1. Hoffman v. BlaskiSupreme Court of the United States · 1960
  2. In the Matter of Emanuel JosephsonCourt of Appeals for the First Circuit · 1954
  3. Samake v. Thunder Lube, Inc.Court of Appeals for the Second Circuit · 2022
  4. A. Olinick & Sons, Plaintiff-Petitioner v. Dempster Brothers, Inc., Defendant-Respondent. A. Olinick & Sons v. Honorable Matthew T. Abruzzo, United States District Judge, Eastern District of New YorkCourt of Appeals for the Second Circuit · 1966
  5. A. J. Industries, Inc., a Delaware Corporation v. United States District Court for the Central District of CaliforniaCourt of Appeals for the Ninth Circuit · 1974

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