Legal Opinion
Kibler v. Transcontinental & Western Air, Inc.
District Court, E.D. New York
Decided May 9, 1945PublishedCited by 8 opinions
1Opinion of the Court
INCH, District Judge.
Defendant makes a motion which will be treated as seeking an order dismissing the action in this court only on the ground of improper venue, authorized by Rule 12 (b) (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. While the defendant has asked that the action be transferred to the Southern District, where it asserts the venue would be proper, the federal rules provide no procedure and no administrative machinery exists in the clerk’s office to accomplish such a transfer.
The parties have agreed, when a reference was suggested by the court,…
2Cases cited13 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Galveston, Harrisburg & San Antonio Railway Co. v. GonzalesSupreme Court of the United States · 1894
- Interior Construction & Improvement Co. v. GibneySupreme Court of the United States · 1895
- East Tennessee, V. & G. R. Co. v. Atlanta & F. R. Co.U.S. Circuit Court for the Southern District of Georgia · 1892
- Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- W. M. C. A., Inc. v. SimonDistrict Court, S.D. New York · 1962
- State Ex Rel. Willamette National Lumber Co. v. Circuit CourtOregon Supreme Court · 1949
- Bertha Bldg. Corp. v. National Theatres Corp.District Court, E.D. New York · 1952
- Peters v. Robin AirlinesNew York Supreme Court · 1952
- Bertha Bldg. Corp. v. National Theatres Corp.District Court, E.D. New York · 1952
3 more not listed; retrieve them via the Exa API.