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GREAT NORTHERN RAILWAY COMPANY v. HYDE

No. 15630.

238 F.2d 852 (1956)

GREAT NORTHERN RAILWAY COMPANY, a corporation, Realtor-Petitioner, v. Edward T. HYDE, Plaintiff-Respondent, Honorable Robert C. Bell, Judge of the United States District Court, District of Minnesota, and The Other Judges and Officers of the United States District Court, District of Minnesota, Respondents.

United States Court of Appeals Eighth Circuit.

Rehearing Granted March 7, 1957.

Attorney(s) appearing for the Case

Don E. Engle, St. Paul, Minn. (Edwin C. Matthias and Anthony Kane, St. Paul, Minn., were with him on the brief), for relator-petitioner.

Harry H. Peterson, Minneapolis, Minn. (Eugene A. Rerat, Minneapolis, Minn., was with him on the brief), for plaintiff-respondent and respondents.

Before SANBORN, WOODROUGH and WHITTAKER, Circuit Judges.

SANBORN, Circuit Judge.

The vital question for decision in this case is whether § 1651 (a) of 28 U.S.C.A.1 furnishes a means for reviewing an order of the District Court, not otherwise reviewable, transferring, under § 1404(a) of 28 U.S.C.,2 from the District of Minnesota to the Northern District of California a personal injury case arising out of an accident which occurred in the city of Seattle...

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