Donald D. Morehead v. Honorable A. D. Barksdale, Judge of the District Court for the Western District of Virginia

SOBELOFF, Chief Judge.

Upon the District Judge’s order denying the defendant’s motion to dismiss a suit for personal injuries on the ground of forum non conveniens, the defendant petitions this court to issue a writ of mandamus under 28 U.S.C.A. § 1651(a) 1 compelling the District Judge to vacate the order and to dismiss the suit.

In December, 1956, Ernest W. Boussey, Jr., sustained personal injuries while a passenger in an automobile operated by the defendant, Donald D. Morehead, in Heidelberg, Germany, when the vehicle ran off the highway and collided with a tree. Boussey and Morehead were…