Falciani v. United States

McGRANERY, District Judge.

This is an action by a seaman, under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., to recover for injuries sustained by him while he was a member of the crew of respondent’s vessel. Two years after filing its answer, respondent moves to dismiss the libel on the ground of improper venue. Inasmuch as the ground assigned does not relate to jurisdiction, Hoiness v. United States, 335 U.S. 297, 69 S.Ct 70, the respondent concedes that his motion to dismiss must be treated as a motion to transfer. 28 U.S.C.A., § 1406.

The first issue presented by the motion is…