BRAINARD v. ATCHISON, T. & S. F. RY. CO.

No. 46 C 2040.

81 F.Supp. 211 (1948)

BRAINARD v. ATCHISON, T. & S. F. RY. CO.

United States District Court N. D. Illinois, E. D.

December 6, 1948.


Attorney(s) appearing for the Case

Frank E. McAllister, of Chicago, Ill., for plaintiff.

Thomas J. Barnett, Floyd J. Stuppi and Philip E. von Ammon, all of Chicago, Ill., for defendant.


CAMPBELL, District Judge.

Plaintiff brought this action in December, 1946, under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq., seeking recovery for damages for injuries received in Newton, Kansas. On October, 29, 1948, after issue had been joined and the case was awaiting trial, defendant moved to transfer the cause to the District Court of Kansas under 28 U.S.C.A. § 1404(a).

This type of motion is directed to the discretionary powers...

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