Parsons v. Chesapeake & Ohio Railway Co., 375 U.S. 71 (1963)

Parsons v. Chesapeake & Ohio Railway Co.


No. 32


Argued October 23, 1963
Decided November 12, 1963
375 U.S. 71

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

A Federal District Court is not divested of discretion to deny a motion under 28 U.S.C. §1404(a) to transfer a suit brought therein to another district when a suit upon the same cause of action, brought earlier in a state court in the same city, had been dismissed by the state court on the ground of form non conveniens. Pp. 71-74.

307 F.2d 924, reversed.