[Download] "Lykes Bros. Steamship Co. v. Sugarman" by United States Court Of Appeals Second Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Lykes Bros. Steamship Co. v. Sugarman
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 04, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
These are petitions for mandamus to compel the transfer under 28 U.S.C.A. § 1404(a) of a seamans actions against the petitioner from the United States District Court for the Southern District of New York to that of the Eastern District of Louisiana. In the action which was later brought and involved a later injury than did the other, but which came on first on the motion to transfer, Civ. No. 137-258, Judge Sugarman wrote a reasoned opinion explaining his exercise of discretion to deny the transfer; and this he amplified in a second opinion denying reargument. In the other case, Civ. No. 130-12, Judge Noonan denied a like motion in a short memorandum which referred to Judge Sugarmans reasons for allowing the action to remain in the forum chosen by the plaintiff and then said: "I have not only these reasons which are sufficient in and of themselves, but also the fact that this other action will be tried in this court to aid me in my determination." We are now called upon in each case to review and reverse this exercise of discretion. Whatever might be the individual views of the majority with reference to the proper place of trial as an original issue, we both feel that we should not thus reject the considered conclusions of two careful and experienced district judges in a matter so peculiarly one for the exercise of judgment by those in daily proximity to these delicate problems of trial litigation. Indeed, to the writer of this opinion at least, it would appear that our learned brothers have acted wisely and responsibly.