METZNER, District Judge:
Defendant moves to dismiss plaintiff's complaint on the ground that this federal court is an inconvenient forum for plaintiff's action.
The basis of defendant's motion requires some discussion. On June
While most forum non conveniens motions come within 28 U.S.C. § 1404(a), this provision is material only when the transfer sought is from one federal district to another. It is an improvement over common law forum non conveniens because the party displaced from the forum is automatically assured of another federal forum, whereas before the statute the original court would have had to dismiss the action. See Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 105, (1947). Section 1404 (a) did not, however, replace common-law forum non conveniens where the choice as to where the action is to be tried is between state and federal forums. Gross v. Owen, 95 U.S.App.D.C., 222, 221 F.2d 94 (1955). While the federal court is not required to abate the normal in personam action on a plea of a pending action in a state court, Ballantine Books, Inc. v. Capital Distrib. Co., 302 F.2d 17 (2d Cir. 1962), where the balance of convenience dictates that the state court should handle the matter, the federal court has the power to dismiss the case. Gross v. Owen, supra. Plaintiff's reliance on Genesco, Inc. v. Joint Council 13, United Shoe Workers, 230 F.Supp. 923 (S.D.N.Y.1964), to support its contention that the federal court should retain jurisdiction, is misplaced. In Genesco different parties were involved in the two actions. 230 F.Supp. at 931. The court in Glicken v. Bradford, 204 F.Supp. 300 (S.D.N.Y.1962), recognized the power to dismiss, but declined to exercise it because of the uncertainty as to whether jurisdiction or complete relief could be had in the state court. No such difficulty exists here. The complaint is dismissed without prejudice.