AMERICAN FLYERS AIRLINE CORPORATION v. FARRELL

Docket 31739.

385 F.2d 936 (1967)

AMERICAN FLYERS AIRLINE CORPORATION, Defendant-Petitioner, v. George E. FARRELL, as Administrator of the Estate of Ralph D. Johnson, deceased, et al., Plaintiffs-Respondents. AMERICAN FLYERS AIRLINE CORPORATION, Defendant-Petitioner, v. William McGUIGAN, as Administrator of the Goods and Chattels, Rights and Credits of Robert G. McGuigan, deceased, William W. Bart, as Administrator of the Goods and Chattels, Rights and Credits of William Richard Bart, deceased, and Leo Ray Burnett, Sr., as Administrator of the Estate of Leo Ray Burnett, Jr., deceased, Plaintiffs-Respondents. AMERICAN FLYERS AIRLINE CORPORATION, Defendant-Petitioner, v. William P. KENNELLY and Dorothy Kennelly, as Administrators of the Goods, Chattels and Credits of William T. Kennelly, deceased, Plaintiffs-Respondents. AMERICAN FLYERS AIRLINE CORPORATION, Defendant-Petitioner, v. Dorothy WILLS, as Administratrix of the Goods, Chattels and Credits of Lemuel Wills, Jr., deceased, Plaintiff-Respondent. AMERICAN FLYERS AIRLINE CORPORATION, Defendant-Petitioner, v. Elizabeth Holt DAVIDSON, individually and as Parent and Natural Guardian of Barry W. Holt, an infant, deceased, Plaintiff-Respondent. AMERICAN FLYERS AIRLINE CORPORATION, Defendant-Petitioner, v. Hon. John F.X. McGOHEY, Judge of the United States District Court for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided November 22, 1967.


Attorney(s) appearing for the Case

Phillip D. Bostwick, Washington, D. C. (Shaw, Pittman, Potts, Trowbridge & Madden, Washington, D. C., and Austin P. Magner and Condon & Forsyth, New York City, on the brief), for defendant-petitioner.

Lee S. Kreindler, New York City, (Andrew P. O'Rourke and Kreindler & Kreindler, New York City, on the brief), for plaintiffs-respondents Farrell, and others.

Frederick C. Stern, New York City, (Speiser, Shumate, Geoghan & Krause, New York City, on the brief), for plaintiffs-respondents McGuigan, Burnett, Bart and Davidson.

Before LUMBARD, Chief Judge, and MEDINA and HAYS, Circuit Judges.


MEDINA, Circuit Judge:

Judge McGohey having denied the motions of American Flyers Airline Corporation to transfer, pursuant to 28 U.S.C., Section 1404(a), several tort actions to the Eastern District of Oklahoma where an airplane crash occurred on April 22, 1966, we are urged to issue a writ of mandamus compelling the transfer. There is the usual aggregation of arguments supporting the contention that considerations of fairness and justice, the convenience of witnesses...

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