O'NEILL
v.
COMMISSIONER OF INTERNAL REVENUE

U.S. | 1949-03-28
No. 552
336 U.S. 937 Supreme Court of the United States (1949) Caution
Cited by 7 cases

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  • In re Josephson, 218 F.2d 174 (1st Cir. 1954)
    …ould have brought suit in the District of New Mexico against the three individual defendants, all citizens of Massachusetts. See Schoen v. Mountain Producers Corp., 3 Cir., 1948, 170 F. 2d 707, 713, 5 A.L.R.2d 1226, cer- [*184] tiorari denied, 1949, 336 U.S. 937, 69 S.Ct. 746, 93 L.Ed. 1095. In ascertaining the meaning of the phrase “where it might have been brought” as used in 28 U.S.C. § 1404(a), it is relevant to note that § 1404 is placed in a chapter dealing with venue in United States district courts…
  • United States ex rel. Ralph Maselli v. Reincke, 383 F.2d 129 (2d Cir. 1967)
    …videntiary hearing. Under such circumstances new procedural requirements are not retroactively applicable, see NLRB v. Whittenburg, 165 F. 2d 102, 104 (5 Cir. 1947); Schoen v. Mountain Producers Corp., 170 F. 2d 707, 714 (3 Cir. 1948), cert. denied, 336 U.S. 937, 69 S.Ct. 746, 93 L.Ed. 1095 (1949). And, under the rule of Townsend v. Sain, supra, a federal district court has wide discretion to conduct an independent inquiry, 372 U.S. at 318, 83 S.Ct. 745, and indeed must conduct one whenever the state court…
  • Headrick v. Atchison, 182 F.2d 305 (10th Cir. 1950)
    …l action to any other district or division where it might have been brought.” . Burges v. Proctor & Gamble Defense Corp., 5 Cir., 172 F. 2d 641, 542; Schoen v. Mountain Producers Corp., 3 Cir., 170 F. 2d 707, 714, 5 A.L.R.2d 1226, certiorari denied 336 U.S. 937, 69 S.Ct. 746, 93 L.Ed. 1095; U. S. v. National City Lines, D. C., 80 F.Supp. 734, 742, motion for leave to file petition for certiorari denied 337 U.S. 78, 69 S.Ct. 955, 93 L.Ed. 1226; Cinema Amusements Inc. v. Loew’s Inc., D. C., 85 F.Supp. 319, 3…

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