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ALL STATES FREIGHT v. MODARELLI

No. 10666.

196 F.2d 1010 (1952)

ALL STATES FREIGHT, Inc. v. MODARELLI.

United States Court of Appeals Third Circuit.

Decided May 8, 1952.

Attorney(s) appearing for the Case

Nicholas Conover English, Newark, N. J. (McCarter, English & Studer, Newark, N. J., on the brief), for petitioner.

Lester J. Kramer, Teaneck, N. J., for respondent and for intervenor.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This petition for mandamus seeks an order against a judge who has refused to transfer a case under 28 U.S.C. § 1404(a).

The plaintiff sued the defendant in the federal court in New Jersey. The defendant moved to transfer the case to the federal court for the Northern District of Ohio, Eastern Division, claiming, among other reasons, that they had rights against another whom they wished to make a third-party defendant and who was...

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