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Garner v. Wolfinbarger

United States Court of Appeals for Fifth Circuit
433 F.2d 117 (1970)

Facts

A.L. Garner and others (plaintiffs) sued Rick Wolfinbarger and others (defendants) in the United States District Court for the Northern District of Alabama (Northern District). Plaintiffs alleged that defendants violated state and federal securities laws and committed other wrongs. Pursuant to 28 U.S.C. § 1404(a), the Northern District transferred the matter to the United States District Court for the Southern District of Alabama. Plaintiffs sought to appeal the transfer order pursuant to 28 U.S.C. § 1292(b), contending that those who bring cases under the federal securities laws are entitled to have those matters heard in the plaintiffs’ choice of forum. In conjunction with the appeal, plaintiffs petitioned for a writ of mandamus compelling the Northern District to retain the case. The court of appeals agreed to hear the appeal while reserving judgment on its propriety.

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Holding and Reasoning (Godbold, J.)

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Concurrence/Dissent (John R. Brown, C.J.)

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