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Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962)
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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.
Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962)
Goldlawr, Inc. v. Heiman No. 101 Argued March 19, 1962 Decided April 30, 1962 369 U.S. 463
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner brought this private antitrust action for treble damages and other relief under §§ 1 and 2 of the Sherman Act and § 4 of the Clayton Act in a Federal District Court in Pennsylvania. On a motion to dismiss on grounds of improper venue and want of personal jurisdiction over the defendants, that Court found that venue was improperly laid as to two of the corporate defendants because they were not inhabitants of, "found" or transacting business in Pennsylvania; but, instead of dismissing the action, it used its authority under 28 U.S.C. § 1406(a) to transfer the case to the Southern District of New York, where venue was proper because the defendants could be found and transacted business there and personal jurisdiction over them could be obtained by service of process under § 12. These two corporate defendants then moved the Federal District Court in New York to dismiss the action on the ground that the District Court in Pennsylvania did not have personal jurisdiction over them and, therefore, lacked power under § 1406(a) to transfer the action.
Held: Section 1406 (a) is not limited to cases in which the transferring court has personal jurisdiction over the defendants, and the District Court in Pennsylvania acted within its authority. Pp. 464-467.
288 F.2d 579 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962) in 369 U.S. 463 369 U.S. 464. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MGHDFLIRZSGM59U.
MLA: U.S. Supreme Court. "Syllabus." Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962), in 369 U.S. 463, page 369 U.S. 464. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MGHDFLIRZSGM59U.
Harvard: U.S. Supreme Court, 'Syllabus' in Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962). cited in 1962, 369 U.S. 463, pp.369 U.S. 464. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MGHDFLIRZSGM59U.
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