KILPATRICK
v.
TEXAS & PACIFIC RAILWAY CO.

U.S. | 1948-12-20
No. 233
335 U.S. 897 Supreme Court of the United States (1948) Caution
Cited by 3 cases

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  • Ex parte Collett, 337 U.S. 55 (U.S. 1949)
    …he court below abused its discretion; his sole contention is that the order of transfer exceeded the District Court’s authority. Since that issue seemed of importance in the administration of justice,4 we assigned the case for hearing on the motion. 335 U. S. 897 (1948). Prior to the current revision of Title 28 of the United States Code, forum non conveniens was not available in Federal Employers’ Liability Act suits. Baltimore & Ohio R. Co. v. Kepner, 314 U. S. 44 (1941); Miles v. Illinois Central R. Co.,…
  • United States v. Nat'l City Lines, Inc., 337 U.S. 78 (U.S. 1949)
    …ourt below granted the motion. It ordered the case transferred. 80 F. Supp. 734 (1948). The Government thereupon submitted in this Court a motion for leave to file petition for writ of certiorari. We assigned the case for hearing on this motion. ' 335 U. S. 897 (1948). In taking the position that the District Court- lacked authority to enter its order of transfer, the Government has advanced many of the arguments which we have already considered today — and rejected — in Ex parte Collett, ante, p. 55, and…
  • Kilpatrick v. Tex. & Pac. Ry. Co., 337 U.S. 75 (U.S. 1949)
    …Co., 80 F. Supp. 745 (1948). To nullify this order, petitioner moved this Court for leave to file a petition for a writ of certiorari or a writ of mandamus or any appropriate relief. We assigned the casé for hearing on the motion for leave to file. 335 U. S. 897 (1948). In support of his motion, petitioner urges that the general purposes of the 1948 revision of Title 28 by the Congress indicate no intention to “emasculate” the right to choose venue afforded under the Federal Employers’ Liability Act; that…

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