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CONTINENTAL GRAIN COMPANY v. FEDERAL BARGE LINES, INC.

No. 17499.

268 F.2d 240 (1959)

CONTINENTAL GRAIN COMPANY, Appellant, v. FEDERAL BARGE LINES, INC., and Barge FBL-585, Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1959.

Attorney(s) appearing for the Case

Malcolm W. Monroe, New Orleans, La., Deutsch, Kerrigan & Stiles, Eberhard P. Deutsch, New Orleans, La., of counsel, for appellant.

Charles Kohlmeyer, Jr., New Orleans, La., Lemle & Kelleher, New Orleans, La., Burch, Porter, Johnson & Brown, Memphis, Tenn., of counsel, for appellees.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

May an in rem admiralty proceeding upon application of a willing Claimant be transferred under Section 1404(a), 28 U.S.C.A., to a district in which the original res is not located?

That is the question presented by this interlocutory appeal, certified by the District Judge and subsequently accepted by us. 28 U.S.C.A. § 1292(b). Preliminary to the main problem we are of the view that the interlocutory appeal...

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