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WESTINGHOUSE ELECTRIC CORPORATION v. WEIGEL

No. 25456.

426 F.2d 1356 (1970)

WESTINGHOUSE ELECTRIC CORPORATION, Petitioner, v. Honorable Stanley A. WEIGEL, United States District Judge for the Northern District of California, Respondent.

United States Court of Appeals, Ninth Circuit.

May 26, 1970.

Attorney(s) appearing for the Case

Moses Lasky (argued), Richard Haas, of Brobeck, Phleger & Harrison, Harold C. Nachtrieb, of Miller, Groezinger Pettit, Evers & Martin, San Francisco for petitioner.

James L. Browning, Jr., Asst. U. S. Atty., San Francisco, Cal., for respondent.

Ira A. Brown, Jr. (argued), Edward J. Ruff, Peter Anderson, Philip J. Luks, of Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., F. Trowbridge von Baur, Alan V. Washburn, W. Bruce Shirk, of von Baur, Coburn, Simmons & Turtle, Washington, D. C., for Real Party in Interest.

Before BROWNING, CARTER, and WRIGHT, Circuit Judges.

PER CURIAM:

Petitioner seeks a writ of mandamus or prohibition nullifying respondent's order transferring a civil action to the District Court for the District of Maine under 28 U.S.C. § 1404 (a). Petitioner has made a forceful presentation in this court in support of two contentions not advanced in the district court.

The first is that because the action was filed in a Superior Court of the State of California, and removed to the court below on the ground...

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