Commercial Lighting Products, Inc. v. United States District Court

Good Law
537 F.2d 1078
United States Court of Appeals for the Ninth CircuitJune 30, 197675--3755California1,262 words

Opinion

Opinion

537 F.2d 1078 COMMERCIAL LIGHTING PRODUCTS, INC., a Delaware Corporation, Petitioner, v. UNITED STATES DISTRICT COURT, Respondent, and INDUSTRIAL LIGHTING PRODUCTS COMPANY, a Michigan Corporation, et al., Respondents and Real Parties in Interest. No. 75--3755. United States Court of Appeals, Ninth Circuit. June 30, 1976. Richard D. DeLuce (argued), of Lawler, Felix & Hall, Los Angeles, Cal., for appellant. Hugh A. Lipton (argued), of Lipton & Margolin, Hollywood, Cal., for appellees. OPINION Before CHAMBERS, HUFSTEDLER, and GOODWIN, Circuit Judges. HUFSTEDLER, Circuit Judge: 1 Commercial Lighting Products, Inc. ('Commercial') petitions for a writ of mandamus to set aside an order of the district court transferring to Michigan its action against Industrial Lighting Products Company ('Industrial'), Abrams, Potash and Goodman. The issue is whether 28 U.S.C. § 1404 (a) prohibits the district court from transferring a case, over the plaintiff's objection, to another district in which the case could not have been brought initially. In Hoffman v. Blaski (1960) 363 U.S. 335 , 80 S.Ct. 1084 , 4 L.Ed.2d 1254 , the Supreme Court held that a transfer under section 1404(a) was…

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