FEDERAL PROCEDURE-VENUE-APPLICABILITY OF SECTION 1404(a) OF NEW TITLE 28 TO ANTI-TRUST SUITS

Authors

Morris G. Shanker S. Ed., University of Michigan Law SchoolFollow

Abstract

Working directly from a branch office in Washington, D.C., defendant corporation solicited orders and distributed films in the state of Virginia, although it had not registered as a foreign corporation in that state. Alleging that the defendant had violated the anti-trust laws by its activities in Virginia, plaintiff brought a civil action for damages and injunctive relief in the United States District Court for the District of Columbia. Pursuant to section 14O4(a) of Title 28 U.S.C. defendant moved to transfer the action to the District Court for the Eastern District of Virginia. Held, since the defendant was not transacting business in Virginia sufficient to satisfy the venue provisions of the anti-trust acts and had not shown a preponderance of circumstances favoring the transfer as required by section 1404(a), motion denied. Hampton Theatres Inc. v. Paramount Film Distributing Corporation, (D.C.D.C. 1950) 90 F. Supp. 645.

Recommended Citation

Morris G. Shanker S. Ed., FEDERAL PROCEDURE-VENUE-APPLICABILITY OF SECTION 1404(a) OF NEW TITLE 28 TO ANTI-TRUST SUITS, 50 Mich. L. Rev. 345 (1951).
Available at: https://repository.law.umich.edu/mlr/vol50/iss2/15