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Norwood Vs. Kirkpatrick

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  • US Supreme Court
  • Apr 11, 1955

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  1. Atlantic Coast Line R. Co. Vs. Davis US Supreme Court · Feb 18, 1929
  2. Gulf Oil Corp. Vs. Gilbert US Supreme Court · Mar 10, 1947
  3. U.S. 29 (1955) U.S. Supreme Court Norwood v. Kirkpatrick
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  4. U.S. 29 (1955) Norwood v. Kirkpatrick
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  5. Since the Court of Appeals for the Third Circuit had held, in All States Freight v. Modarelli
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  6. a) as he did in the case of Naughton v. Pennsylvania
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  7. of the stricter rule of forum non conveniens as recognized in decisions of this Court. See Gulf Oil Corp. v. Gilbert
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  8. But, since the Naughton case, the Circuit Court of Appeals for the Third Circuit had held, in All States Freight v. Modarelli
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  9. of the Fourth Circuit, consultant to the Advisory Committee, writing for the court in Jiffy Lubricator Co., Inc. v. Stewart-Warner
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  10. the plaintiffs had no connection whatever, is sufficient in itself to support a finding of negligence. See Jesionowski v. Boston
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  11. of Taft-Hartley. See Association of Westinghouse Salaried Employees v. Westinghouse
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  12. forum, even though the venue is proper. As an example of the need of such a provision, see Baltimore & Ohio R. Co. v. Kepner
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  13. setting forth the considerations which should govern the exercise of the trial judge's discretion. Gulf Oil Corp. v. Gilbert
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  14. Koster v. Lumbermens
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  15. The Courts of Appeals have divided on the issue. With the opinions cited by the majority, compare Ford Motor Co. v. Ryan
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  16. Nicol v. Koscinski
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  17. Wiren v. Laws
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  18. U.S.App.D.C. 105, 194 F.2d 873. But see Amalgamated Assn. v. Southern
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  19. this provision precluded the application of forum non conveniens to suits under the Act. Baltimore & Ohio R. Co. v. Kepner
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  20. Miles v. Illinois
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  21. FELA suits, along with any civil action, subject to forum non conveniens. This Court asserted just that in Pope v. Atlantic
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  22. Emphasis supplied.) Again in Kerotest Mfg. Co. v. C-O-Two
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  23. And as late as 1953, Justices JACKSON, BLACK, and MINTON, dissenting in Wells v. Simonds
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  24. These are broad and imprecise and involve such considerations as the state of the court's docket. Gulf Oil Corp. v. Gilbert
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  25. suit, brought by a bona fide resident, in order to spare the defendant inconvenience and expense. Williamson v. North-Eastern
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  26. All States Freight, Inc. v. Modarelli
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  27. Jiffy Lubricator Co. v. Stewart-Warner
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  28. a) find mandamus appropriate in circumstances less compelling than these. Ford Motor Co. v. Ryan
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  29. Shapiro v. Bonanza
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  30. Chicago, R.I. & P. R. Co. v. Igoe
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  31. Nicol v. Koscinski
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  32. See Koster v. Lumbermens
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  33. Canada Malting Co. v. Paterson
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  34. National Shawmut Bank v. City
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  35. Universal Adjustment Corp. v. Midland
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  36. Great Western R. Co. v. Miller
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  37. Jackson & Sons v. Lumbermen's
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  38. Logan v. Bank
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  39. Williamson v. North-Eastern
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  40. and have pointed up the civil law basis of its reasoning, Blair, supra, at 21, n. 100. The reasoning in Gore v. United
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  41. on litigation under that section, involved nonresidents. And dicta to the same effect in Universal Adjustment Corp. v. Midland
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  42. Gamburg v. Ray
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  43. Arizona Commercial Mining Co. v. Iron
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  44. Peters v. Equitable
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  45. Tri-State Transit Co. v. Mondy
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  46. Gregonis v. Philadelphia
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  47. O'Neill v. Cunard
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  48. International Milling Co. v. Columbia
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  49. U.S. Supreme Court Norwood v. Kirkpatrick
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  50. All States Freight v. Modarelli
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