Ex Parte Collett, 337 U.S. 55 (1949)

MOTION FOR LEAVE TO FILE PETITION FOR WRITS

OF MANDAMUS AND PROHIBITION

Syllabus

Under 28 U.S.C. § 1404(a), incorporated in the revision of the Judicial Code effective September 1, 1948, the doctrine of forum non conveniens is made applicable to actions under the Federal Employers’ Liability Act. Pp. 56-72.

1. This conclusion is required by the clear and unambiguous language of § 1404(a), which applies generally to "any civil action." Pp. 58-59.

2. It involves no implied repeal of § 6 of the Federal Employers’ Liability Act, since that deals with the places where actions may be brought originally, whereas 28 U.S.C. § 1404(a) deals with the right to transfer an action properly brought. Pp. 59-61.

3. The legislative history of the revision of the Judicial Code requires the same conclusion. Pp. 61-71.

4. As thus construed, § 1404(a) is applicable to actions instituted before its effective date but not brought to trial prior to its effective date. P. 71.

Motion denied.

Under 28 U.S.C. § 1404(a), a Federal District Court in which an action under the Federal Employers’ Liability Act had been brought transferred it to a District Court in another District, on the ground that this would serve the convenience of parties and witnesses and be in the interest of justice. Petitioner moved in this Court for leave to file a petition for writs of mandamus and prohibition. The case was assigned for hearing on the notion. 335 U.S. 897. Motion denied, p. 72.