Kilpatrick v. Texas & Pacific Railway Co., 337 U.S. 75 (1949)

Kilpatrick v. Texas & Pacific Railway Co.

No. 233, Misc.

Argued February 8, 1949
Decided May 31, 1949
337 U.S. 75

MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF

MANDAMUS OR CERTIORARI

Syllabus

Under 28 U.S.C. § 1404(a), incorporated in the revision of the Judicial Code effective September 1, 1948, the doctrine of forum non conveniens is made applicable to actions under the Federal Employers’ Liability Act. Ex parte Collett, ante, p. 55. Pp. 75-78.

Motion denied.

Under 28 U.S.C. § 1404(a), a Federal District Court in which an action under the Federal Employers’ Liability Act had been brought transferred it to a District Court in another District. Petitioner moved in this Court for leave to file a petition for a writ of certiorari or a writ of mandamus or any appropriate relief. The case was assigned for hearing on the motion. 335 U.S. 897. Motion denied, p. 78.