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Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362 (1966)
Koehring Co. v. Hyde Construction Co., Inc. No. 593 Decided January 17, 1966 382 U.S. 362
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE TENTH CIRCUIT
Syllabus
On March 10, 1964, the Court of Appeals for the Fifth Circuit issued an order stating that the District Court for the Southern District of Mississippi had erred in failing to comply with an earlier order to transfer the case to the District Court for the Northern District of Oklahoma and that, pending physical transfer of the record, "this order shall constitute a transfer to enable the parties to present the matter to the District Court of Oklahoma." The Oklahoma federal court assumed jurisdiction the next day, and entered an order temporarily restraining respondents from proceeding with a state court trial in Mississippi. Respondents disregarded the restraining order, and, on March 14, the Oklahoma federal court found them in civil contempt. Respondents continued with the state action and obtained a judgment against petitioner the enforcement of which the Oklahoma federal court enjoined, ordering a retrial in federal court in Oklahoma. The Court of Appeals for the Tenth Circuit reversed this decree on appeal, holding that the Oklahoma federal court lacked jurisdiction at the time it entered the original restraining order, since it had not yet received the case file from the transferor court.
Held: The Oklahoma District Court acquired jurisdiction on March 11 in accordance with the Fifth Circuit’s order, and the Tenth Circuit erred in vacating the District Court’s orders on the stated jurisdictional ground. The provision in 28 U.S.C. §1404 (a) that "a district court may transfer any civil action" does not preclude transfer by direct order of an appellate court where unusual circumstances, such as existed here, indicate the necessity thereof.
Certiorari granted; 348 F. 2d 643, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362 (1966) in 382 U.S. 362 382 U.S. 363. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=82GM7EPQCR7CIFL.
MLA: U.S. Supreme Court. "Syllabus." Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362 (1966), in 382 U.S. 362, page 382 U.S. 363. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=82GM7EPQCR7CIFL.
Harvard: U.S. Supreme Court, 'Syllabus' in Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362 (1966). cited in 1966, 382 U.S. 362, pp.382 U.S. 363. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=82GM7EPQCR7CIFL.
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