Shapiro

Sam Shaipiro, appellant and plaintiff below, has appealed from an order denying his mo.tion for a change of venue from the District Court for the District of Nevada to the District Court for the Southern District of California. The requested change of venue (on the basis of convenience of witnesses) was made under Section 1404(a) of 28 U.S.C.A. Bonanza Hotel Company, a Nevada corporation, appellee and defendant below, moves in this court to dismiss the ’appeal now pending 'in this court on the ground that it is not an appealable order.

Section 1292, 28 U.S.C.A. provides that the court of appeals shall have jurisdiction of appeals from certain interlocutory orders not here material. Section 1291 provides that the court of appeals shall have jurisdiction of appeals “from all final decisions”.

We are of the opinion that the order appealed from is interlocutory and not appealable. In all the cases we have been able to find in which this problem was considered the court has held that an order transferring or denying transfer on the basis of forum non conveniens was not an appealable order.

In Jiffy Lubricator Co. v. Stewart, Warner Corp., 4 Cir., 177 F.2d 360 , the district ' court…