O'Connor v. Yardley Golf Club

3 Citing cases

  1. Levine v. Berman

    178 F.2d 440 (7th Cir. 1949)   Cited 9 times
    In Levine we interpreted section 8 of the Selective Training and Service Act of 1940, 50 U.S.C.App. § 308 (1946), the predecessor to 38 U.S.C. § 2021 et seq., and stated, "[u]nder the general rule of damages, where one is injured or damaged by the wrongful act of another, he is bound to exercise reasonable care and diligence in mitigating the resulting damage...."

    In Tsang v. Kan, 9 Cir., 173 F.2d 204, it was held that the words "shall have power" were for the purpose of conferring jurisdiction upon the federal court to entertain a suit for damages, and that otherwise, in the absence of diversity jurisdiction, the federal court would be without jurisdiction. The language has been similarly construed in O'Connor v. Yardley Golf Club, D.C., 79 F. Supp. 264, and in Flynn et al. v. Ward Leonard Electric Co., D.C., 84 F. Supp. 399. Congress has laid down no yardstick by which to measure the damages recoverable by a person who has been wrongfully refused restoration to his former position.

  2. O'Connor v. Yardley Golf Club

    171 F.2d 40 (3d Cir. 1948)   Cited 1 times

    Affirmed. See also, D.C., 79 F. Supp. 264. Leo T. Connor, of Philadelphia, Pa. (George A. Cella, of Philadelphia, Pa., on the brief), for appellant.

  3. Aaacon Auto Transp

    50 A.D.2d 180 (N.Y. App. Div. 1975)   Cited 2 times

    In short, the doctrine of forum non conveniens does not apply where, as here, a "special venue act" is invoked. (Baltimore Ohio R.R. Co. v Kepner, 314 U.S. 44; Industrial Y Frutera Columbiana, S.A. v The Brisk, 195 F.2d 1015; O'Connor v Yardley Golf Club, 79 F. Supp. 264.) Finally, since a court will generally not compel one of its citizens to arbitrate in a foreign jurisdiction (Matter of Inter-Ocean Food Prods., 206 App. Div. 426; Continental Grain Co. v Dant Russell, 118 F.2d 967), the referral to a Colorado court of petitioner's claim of a right to arbitration may effectively deny it any relief whatsoever.