Pacific Car and Foundry Company v. Honorable Martin Pence, United States District Judge, District of Hawaii, and L. C. O'Neil Trucks Pty. Limited

Petitioner, Pacific Car and Foundry, seeks a writ of mandamus to compel respondent District Judge to dismiss or transfer an action brought against petitioner in the District Court for the District of Hawaii by L. C. O’Neil Trucks Pty. Ltd., an Australian corporation, which action alleges violation by petitioner of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 , 2.

In that action petitioner, contending for lack of venue, moved that the action be dismissed or transferred under 28 U.S.C. § 1406 (a). The District Court found that petitioner “transacts business” in Hawaii and concluded that the action properly was brought in Hawaii under § 12 of the Clayton Act, 15 U.S.C. § 22 . Accordingly, petitioner’s motion was denied.

In the alternative petitioner moved, under 28 U.S.C. § 1404 (a), for change of venue “for the convenience of parties and witnesses, in the interest of justice.” This motion the District Court also denied. Its opinion appears sub nom. L. C. O’Neil Trucks, Pty. Ltd. v. Pacific Car and Foundry Co., 278 F.Supp. 839 (D. Hawaii 1967).

These proceedings followed.

The Background

Petitioner, a Washington corporation, manufactures two lines of trucks, Ken-worth and…