VAN DUSEN v. BARRACK

Nos. 56 and 80.

376 U.S. 612 (1964)

VAN DUSEN, U. S. DISTRICT JUDGE, ET AL. v. BARRACK, ADMINISTRATRIX, ET AL.

Supreme Court of United States.

Decided March 30, 1964.


Attorney(s) appearing for the Case

Owen B. Rhoads argued the cause for petitioners in No. 56. With him on the briefs were George J. Miller, J. Welles Henderson, Jr., J. Grant McCabe III and Sidney L. Wickenhaver.

Morton Hollander argued the cause for petitioners in No. 80. With him on the brief were Solicitor General Cox and Assistant Attorney General Douglas.

John R. McConnell argued the cause for respondents. With him on the brief were Seymour I. Toll, T. E. Byrne, Jr., Lee S. Kreindler, Abram P. Piwosky, Ralph Earle II, Abraham E. Freedman and Milton M. Borowsky.


MR. JUSTICE GOLDBERG delivered the opinion of the Court.

This case involves the construction and application of § 1404 (a) of the Judicial Code of 1948. Section 1404 (a), which allows a "change of venue" within the federal judicial system, provides that: "For 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. §...

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