VENUE-FORUM NON CONVENIENS-TRANSFER OF VENUE IN FEDERAL EMPLOYERS\u27 LIABILITY CASES UNDER THE NEW JUDICIAL CODE

Plaintiff, a resident of Texas, brought action in a United States district court in Minnesota to recover damages under the Federal Employers\u27 Liability Act for injuries received in an accident in Texas. Defendant, in accordance with section 1404(a) of the United States Judicial Code, moved for a change of venue to Texas for the convenience of parties and witnesses and in the interest of justice. Plaintiff resisted the transfer solely on the ground that the section did not apply where venue was granted under the F.E.L.A. Held, by a two judge district court, motion granted. Hayes v. Chicago, R.I. & P.R. Co., (D.C. Minn. 1948) 79 F. Supp. 821.8