Legal Opinion
Hercules Company v. S/S Aramis
District Court, E.D. Louisiana
Decided February 20, 1964No. 6222PublishedCited by 7 opinions
1Opinion of the Court
FRANK B. ELLIS, Judge.
While it is certainly true that “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought,” 28 U.S.C.A. § 1404(a), it does not necessarily mean that a court must consider first a motion for summary judgment rather than a motion to transfer when both are filed simultaneously. Contrarily, a Court may consider only the motion to transfer and leave the motion for summary judgment to be decided by the transferee court, United States v. Swift &…
2Cases cited18 opinions
- Houston Fearless Corporation v. Guy TeterCourt of Appeals for the Tenth Circuit · 1963
- Chicago, Rock Island and Pacific Railroad Company, a Corporation v. Hugh Breeding, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1956
- The Butterick Company, Inc., a Corporation v. Honorable Hubert L. WillCourt of Appeals for the Seventh Circuit · 1963
- Torres v. WalshCourt of Appeals for the Second Circuit · 1955
- National Tea Company v. the MarseilleDistrict Court, S.D. New York · 1956
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- St. Cyr v. Greyhound Lines, Inc.District Court, E.D. New York · 1980
- Aliant Health Management Services, Inc. v. Vital Link Private Duty Lodi, Inc. (In Re Vital Link Lodi, Inc.)United States Bankruptcy Court, W.D. Missouri · 1999
- Thomas v. Silver Creek Coal Co.District Court, E.D. Pennsylvania · 1967
- Gold v. ScurlockDistrict Court, S.D. New York · 1968
- Norfolk Shipbuilding & Drydock Corp. v. the Motor Yacht La Belle SimoneDistrict Court, D. Puerto Rico · 1973
2 more not listed; retrieve them via the Exa API.