Opinion · Court of Appeals for the Second Circuit

Gertrude D. Willis v. Weil Pump Company

Gertrude D. Willis v. Weil Pump Co., 222 F.2d 261 (2d Cir. 1955)

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1955-03-31
Topic
general

FRANK, Circuit Judge. 1. In the district court, defendant moved for dismissal of the complaint because of improper venue. Defendant argued thus: Neither party is a resident of New York, and the New York courts will not entertain suits relative to a tort which occurred elsewhere; therefore the district court sitting in New York cannot entertain a suit where jurisdiction rests on diversity of citizenship. We think this contention untenable here for two reasons: (1) The refusal of the New York courts to deal with such a suit is but a state rule of forum non conveniens. Such a rule does not control a federal court, since Congress has explicitly legislated in that field, 28 U.S.C. § 1404(a), and it involves federal procedure.

Citator

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Cited by
19 opinions