(Download) "Foster-Milburn Co. v. Knight" by United States Court Of Appeals Second Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Foster-Milburn Co. v. Knight
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 03, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
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 authorizes the transfer because it will be for the convenience of witnesses; and concededly, he will enter the appropriate order, unless we decide otherwise. The defendants petition raises two questions: our jurisdiction to issue a writ; and the district judges jurisdiction to transfer the action.