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Continental Grain Co. v. Barge Fbl-585, 364 U.S. 19 (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.
Continental Grain Co. v. Barge Fbl-585, 364 U.S. 19 (1960)
Continental Grain Co. v. Barge FBL-585 No. 229 Argued April 20, 1960 Decided June 27, 1960 364 U.S. 19
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE: FIFTH CIRCUIT
Syllabus
While a barge was being loaded at Memphis, it sank, with resulting damage to both the barge and the cargo. The barge owner sued the cargo owner in a Tennessee State Court for damages alleged to have resulted from negligence in loading it, and that case was removed to the Federal District Court at Memphis. The cargo owner then brought this action in the Federal District Court at New Orleans against the barge and its owner, claiming damages to the cargo resulting from unseaworthiness. The barge owner then moved under 28 U.S.C. § 1404(a) for transfer of this case to the Federal District Court at Memphis, alleging that such transfer was "necessary for the convenience of the parties and witnesses and in the interest of justice." Finding these allegations to be true, the District Court at New Orleans transferred the case to the District Court at Memphis.
Held: it did not err in doing so. Pp. 20-27.
(a) Insofar as this is a "civil action" against the barge owner, it clearly was transferable to the District Court at Memphis, since the plaintiff could have brought this action in that court. Hoffman v. Blaski, 363 U.S. 335, distinguished. P. 22.
(b) Transfer of this action to the District Court at Memphis is not barred by the fact that fictionally it is also an in rem proceeding against the barge itself, which was not within the jurisdiction of the District Court at Memphis when this action was brought. Pp. 22-27.
268 F.2d 240, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Continental Grain Co. v. Barge Fbl-585, 364 U.S. 19 (1960) in 364 U.S. 19 364 U.S. 20. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PDN8G15YWBNMAYD.
MLA: U.S. Supreme Court. "Syllabus." Continental Grain Co. v. Barge Fbl-585, 364 U.S. 19 (1960), in 364 U.S. 19, page 364 U.S. 20. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PDN8G15YWBNMAYD.
Harvard: U.S. Supreme Court, 'Syllabus' in Continental Grain Co. v. Barge Fbl-585, 364 U.S. 19 (1960). cited in 1960, 364 U.S. 19, pp.364 U.S. 20. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PDN8G15YWBNMAYD.
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