Petitioners instituted a suit in the District Court for the Southern District of California seeking damages for alleged patent infringement. That court ordered the case transferred to the District Court for the District of Delaware on the ground that venue was not properly laid in the Southern District of California. Then petition was made to the Court of Appeals for the Ninth Circuit for mandamus to compel the judge of the lower court to withdraw the order of transfer. Held: petition denied. Mandamus will issue to prevent a transfer of a case to the district court of another circuit only in extraordinary circumstances to prevent a grave miscarriage of justice. Petitioners had shown no peculiar hardship that would result from the transfer, and the error, if any, in the order of transfer would be reviewable on appeal to the Court of Appeals for the Third Circuit after final judgment had been entered. Gulf Research & Development Co. v. Harrison, (9th Cir. 1950) 185 F. (2d) 457.
Richard J. Darger S. Ed.,
FEDERAL PROCEDURE-MANDAMUS-USE TO PREVENT CHANGE OF VENUE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol50/iss2/13