Data Proc. Fin. Gen. v. Int'l Bus. Mach

1 Citing case

  1. Kaiser Indus. Corp. v. Wheeling-Pittsburgh Steel

    328 F. Supp. 365 (D. Del. 1971)   Cited 15 times
    Looking at the relevant legislative history and concluding that Congress intended "to grant to the transferee district court under § 1407 the power to pass upon all pretrial motions including motions to dismiss, motions for judgment on the pleadings, or motions for summary judgment"

    See House Report No. 1130, 90th Congress, 2d Session, 1968 U.S. Code Cong. Admin.News, pp. 1898, 1900; see also Control Data Corp. v. International Business Machines Corp., 306 F. Supp. 839, 852 (D.Minn. 1969), aff'd sub nom. Data Processing Financial General Corp. v. International Business Machines Corp., 430 F.2d 1277 (C.A.8, 1970); In re Fourth Class Postage Regulations, 298 F. Supp. 1326, 1327-1328 (Jud.Pan.Mult.Lit. 1969); note In re Plumbing Fixtures, 298 F. Supp. 484 (Jud.Pan.Mult.Lit. 1968). Thus the resolution of the issue of the application of collateral estoppel under the rationale of Blonder-Tongue is a matter which the § 1407 transferee Court would have ample authority to resolve and which could be resolved by it as a matter of justice and judicial efficiency.