UNITED STATES V. NATIONAL CITY LINES, (1949) – Appellant
Versus
. – Respondent
Mr. Charles Weston, Washington, D.C., for petitioner. [ United States v. National City Lines
Mr. C. Frank Reavis, New York City, for respondents.
Mr. Chief Justice VINSON delivered the opinion of the Court.
The issue here is whether the 1948 revision of the Judicial Code, Title 28, United States Code, 28 U.S.C.A. 1 et seq., extends the doctrine of forum non conveniens to antitrust suits. The Governments complaint in this civil suit alleged that respondent corporations have conspired to obtain control of local transportation companies in at least 44 cities in 16 states in different sections of the country, in order to restrain and monopolize interstate commerce in busses and the petroleum and other supplies incident thereto, in violation of 1 and 2 of the Sherman Act, 26 Stat. 209, 15 U.S.C. 1, 2, 15 U.S.C.A. 1, 2.
This is the second time that an order of the court below, the United States District Court for the Southern District of California, attempting to effectuate a transfer of the case from Los Angeles to Chicago, has been before this Court. When respondents motion was first granted, the District Court dismissed the action, 1947, 7 F.R.D. 456, inasmuch as the federal courts then lacked statutory power to transfer cases. We reversed, holding that [337 U.S. 78, 80] forum non conveniens was not applicable in antitrust suits. United States v. National City Lines, 1948,
In taking the position that the District Court lacked authority to enter its order of transfer, the Government has advanced many of the arguments which we have already considered today-and rejected-in Ex parte Collett,
It is true that the revisers notes to 1404(a), although citing a Federal Employers Liability Act decision, make no reference to the antitrust laws or to our previous decision in this litigation. The Government therefore urges that our disposition of the Liability Act cases is not conclusiv
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.