Garner v. Wolfinbarger
United States Court of Appeals for the Fifth Circuit
433 F.2d 117 (1970)
- Written by Jamie Milne, JD
Facts
A.L. Garner and others (collectively, Garner) (plaintiffs) sued Rick Wolfinbarger and others (collectively, Wolfinbarger) (defendants) in the United States District Court for the Northern District of Alabama (Northern District). Garner alleged that Wolfinbarger violated state and federal securities laws and committed other wrongs. Pursuant to 28 U.S.C. § 1404(a), which allows a district court to transfer a case to another district for the convenience of parties and witnesses, the Northern District transferred a case to the United States District Court for the Southern District of Alabama. Garner sought review of that order by interlocutory appeal under 28 U.S.C. § 1292(b), contending that plaintiffs making claims under federal securities laws were entitled to have those claims heard in the plaintiffs’ choice of forum. In conjunction with the appeal, Garner petitioned for a writ of mandamus compelling the Northern District to retain the case. The court of appeals agreed to hear the interlocutory appeal but noted that it was reserving judgment as to whether the appeal was appropriate under § 1292(b) until it could fully consider the merits of the case.
Rule of Law
Issue
Holding and Reasoning (Godbold, J.)
Concurrence/Dissent (Brown, C.J.)
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