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MOREHEAD v. BARKSDALE

No. 7778.

263 F.2d 117 (1959)

Donald D. MOREHEAD, Petitioner, v. Honorable A. D. BARKSDALE, Judge of the District Court for the Western District of Virginia.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1959.

Attorney(s) appearing for the Case

John D. Easley, Easley & Hoge, Edmunds, Whitehead, Baldwin & Graves, Lynchburg, Va., and W. W. Wharton, Harrisonburg, Va., on petition.

Arthur B. Davies, III, Lynchburg, Va., Hickson & Davies, Lynchburg, Va., and Fein, Cavanaugh, Kimball & Goldblatt, Springfield, Mass., on answer of Ernest W. Boussey, Jr.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOBELOFF, Chief Judge.

Upon the District Judge's order denying the defendant's motion to dismiss a suit for personal injuries on the ground of forum non conveniens, the defendant petitions this court to issue a writ of mandamus under 28 U.S.C.A. § 1651(a)1 compelling the District Judge to vacate the order and to dismiss the suit.

In December, 1956, Ernest W. Boussey, Jr., sustained personal injuries while a passenger...

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