AKERS v. NORFOLK AND WESTERN RAILWAY COMPANY

Misc. Nos. 382, 11153.

378 F.2d 78 (1967)

Hewlett AKERS, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant. NORFOLK AND WESTERN RAILWAY COMPANY, Petitioner, v. The Honorable Ted DALTON, United States District Court Judge for the Western District of Virginia, Respondent, Hewlett Akers, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided May 5, 1967.


Attorney(s) appearing for the Case

Robert J. Rogers, Roanoke, Va., for Norfolk and Western Ry. Co.

Jack Coulter, Roanoke, Va., for Hewlett Akers.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


PER CURIAM:

Transfer under 28 U.S.C. § 1404(a) of Hewlett Akers' Federal Employers Liability action, 45 U.S.C. § 51 et seq., against Norfolk & Western Railway Company from the United States District Court for the Western District of Virginia at Roanoke, to the Southern District of West Virginia at Huntington, was refused the railway, and it now asks us to direct the removal.

The controversy comes here on the company's application for permission...

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