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Van Dusen Vs. Barrack

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  • US Supreme Court
  • Mar 30, 1964

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68 entries 5 linked 63 unlinked
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  1. GriffIn Vs. Mccoach US Supreme Court · Jun 02, 1941
  2. Gulf Oil Corp. Vs. Gilbert US Supreme Court · Mar 10, 1947
  3. Hoffman Vs. Blaski US Supreme Court · Jun 13, 1960
  4. Guaranty Trust Co. Vs. York US Supreme Court · Jun 18, 1945
  5. Norwood Vs. Kirkpatrick US Supreme Court · Apr 11, 1955
  6. U.S. 612 (1964) U.S. Supreme Court Van Dusen v. Barrack
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  7. U.S. 612 (1964) Van Dusen v. Barrack
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  8. Thus, as the Court recognized in Continental Grain Co. v. Barge
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  9. F.2d at 957-958. In concluding that the transfer could not be granted, the Court of Appeals relied upon Hoffman v. Blaski
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  10. criterion, the defendants argue that the posture of the case under state law is irrelevant. They contend that Hoffman v. Blaski
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  11. The plaintiffs contend that Hoffman v. Blaski
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  12. A. In Hoffman v. Blaski
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  13. In the present case, the Court of Appeals concluded that transfer could not be granted because here, as in Hoffman v. Blaski
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  14. The answer, we think, is quite evident. As MR. JUSTICE BLACK said, speaking for the Court in Continental Grain Co. v. Barge
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  15. omissions, to prevent a transfer otherwise proper and warranted by convenience and justice. In Continental Grain Co. v. Barge
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  16. It follows that a federal district court sitting in Pennsylvania, and referring, as is required by Klaxon Co. v. Stentor
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  17. The plaintiffs, however, point to the decision of the New York Court of Appeals in Kilberg v. Northeast
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  18. Y.2d 34, 211 N.Y.S.2d 133, 172 N.E.2d 526, and the decision of the Court of Appeals for the Second Circuit in Pearson v. Northeast
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  19. a), in Headrick v. Atchison
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  20. and further developed in the recent decision of the Court of Appeals for the Second Circuit in H. L. Green Co., Inc. v. MacMahon
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  21. statutes of limitations, the Court of Appeals for the Second Circuit plainly indicated in H. L. Green Co., Inc. v. MacMahon
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  22. acquired under state law should be unaffected. The case should remain as it was in all respects but location. Headrick v. Atchison
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  23. courts, our interpretation of that statute fully accords with and is supported by the policy underlying Erie R. Co. v. Tompkins
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  24. Klaxon Co. v. Stentor
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  25. Erie doctrine which the quoted formulations were designed to express. As this Court said in Guaranty Trust Co. v. York
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  26. Erie R. Co. v. Tompkins
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  27. of judicial power between State and federal courts. . . . The nub of the policy that underlies Erie R. Co. v. Tompkins
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  28. Cf. Guaranty Trust Co. v. York
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  29. in this case, urges that the judgment below be reversed because mandamus was an improper remedy. However, in Hoffman v. Blaski
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  30. a) transfer cases which the Court of Appeals reviewed through exercise of the mandamus power. See also Norwood v. Kirkpatrick
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  31. a) transfer, we find it unnecessary to consider the mandamus contentions advanced by the Government. Cf. Platt v. Minnesota
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  32. Norwood v. Kirkpatrick
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  33. See Ex parte Collett, supra, and United States v. National
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  34. In the two cases decided sub nom. Hoffman v. Blaski
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  35. Two weeks after Hoffman, the Court decided Continental Grain Co. v. Barge
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  36. A similar rule had been applied in Felchlin v. American
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  37. a). (Emphasis added.) See Goldlawr, Inc., v. Heiman
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  38. The implications of the Court of Appeals' decision are plainly indicated by two subsequent decisions, Goranson v. Capital
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  39. Airlines, Inc., 221 F.Supp. 820 (D.C.E.D.Va.), and Thompson v. Capital
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  40. See the rationale adopted in Felchlin v. American
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  41. In Massachusetts Bonding & Ins. Co. v. United
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  42. Id. at 352 U. S. 129 , 352 U. S. 132 -133. E.g., Beatty v. Fox
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  43. Macchiaroli v. Howell
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  44. Boott Mills v. Boston
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  45. Bagley v. Small
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  46. Spangler v. Helm's
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  47. Thirteenth & Fifteenth Street Passenger R. Co. v. Boudrou
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  48. Cf. Goranson v. Kloeb
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  49. The defendants, rejecting the view adopted by the Second Circuit in Pearson v. Northeast
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  50. See H. L. Green Co., Inc., v. MacMahon
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