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Hoffman v. Blaski, 363 U.S. 335 (1960)
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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.
Hoffman v. Blaski, 363 U.S. 335 (1960)
Hoffman v. Blaski No. 25 Argued April 19-20, 1960 Decided June 13, 1960 * 363 U.S. 335
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Under 28 U.S.C. § 1404(a), a federal district court in which a civil action has been properly brought is not empowered to transfer the action on the motion of the defendant to a district in which the plaintiff did not have a right to bring it. Pp. 335-344.
(a) The phrase "where it might have been brought" in § 1404(a) cannot be interpreted to mean "where it may now be rebrought, with defendants’ consent." Pp. 342-343.
(b) Under § 1404(a), the power of a district court to transfer an action to another district is made to depend not upon the wish or waiver of the defendant, but upon whether the transferee district is one in which the action "might have been brought" by the plaintiff. Pp. 343-344.
260 F.2d 317, 261 F.2d 467, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Hoffman v. Blaski, 363 U.S. 335 (1960) in 363 U.S. 335 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=8MIXT343X1E2NZS.
MLA: U.S. Supreme Court. "Syllabus." Hoffman v. Blaski, 363 U.S. 335 (1960), in 363 U.S. 335, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8MIXT343X1E2NZS.
Harvard: U.S. Supreme Court, 'Syllabus' in Hoffman v. Blaski, 363 U.S. 335 (1960). cited in 1960, 363 U.S. 335. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=8MIXT343X1E2NZS.
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