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FOSTER-MILBURN CO. v. KNIGHT

No. 21643.

181 F.2d 949 (1950)

FOSTER-MILBURN CO. et al. v. KNIGHT, Chief Judge.

United States Court of Appeals Second Circuit.

Decided May 3, 1950.

Attorney(s) appearing for the Case

Richard J. Burke, New York City, for petitioners.

C. Ray Robinson, Merced, Cal., for respondent.

Before L. HAND, Chief Judge, SWAN and CHASE, Circuit Judges.

L. HAND, Chief Judge.

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 Code1

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