Petition of National Bulk Carriers

3 Citing cases

  1. Complaint of Bankers Trust Co.

    640 F. Supp. 11 (E.D. Pa. 1985)   Cited 8 times
    Granting motion to transfer to the Northern District of California; observing "[t]he Coast Guard investigation of the incident was conducted in California. Process would be available in the Northern District of California to summon members of the Coast Guard, if such appearance should become necessary."

    All eye witnesses to the explosion, fire, firefighting efforts and salvage efforts, with the exception of crew members, reside on the west coast. Petitioner Keystone's west coast manager, whose testimony is pertinent to the question of liability, is located in California. See, e.g., Petition of Clipper Fishing Corporation, 168 F. Supp. 130 (S.D.N.Y. 1958); Sioux City New Orleans Barge Lines v. Upper Mississippi Towing Corp., 221 F. Supp. 737 (S.D.Tex. 1963); Petition of National Bulk Carriers, 143 F. Supp. 46 (S.D.N Y 1956). On balance I am convinced that this proceeding should be transferred to the Northern District of California. The Supreme Court has outlined the basic purpose of ยง 1404(a) as an attempt to prevent "unnecessary inconvenience and expense to parties, witnesses, and the public."

  2. Bensen v. Jackson

    238 F. Supp. 309 (E.D. Pa. 1965)   Cited 5 times

    In support, the affidavit refers to a 1956 case for the proposition that the bareboat charterer or operator as well as the owner may claim the statutory exoneration as an affirmative defense. Petition of National Bulk Carriers, Inc., 143 F. Supp. 46 (S.D.N.Y. 1956). There is no necessity to quarrel with the stated proposition, for reasons to follow.

  3. Petition of Russell Bros. Towing Co.

    199 F. Supp. 442 (S.D.N.Y. 1961)   Cited 2 times

    Since Russell Bros. had not been sued in any district, its petition was rightly filed here, the district in which, it alleged, the vessel was located. D.C., 143 F. Supp. 46, 47. These technical points, however, if blindly applied, could only lead to another round of time-consuming motions in another district.