The Judicial Code, Section 1404(a) provides:
'For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.'
No case has been brought to the attention of the Court and no statute, other than that above quoted, has been cited showing authority for any District Court of the United States to transfer any action brought therein to the Court of Claims of the United States. Plaintiffs here concede that the Court of Claims is not in all respect on the same plane as a District Court, but argues that it occupies the same status as another district with respect to claims as to which each had concurrent jurisdiction. Several cases have been cited wherein one district court transferred to another district suits improvidently or improperly brought, venue of which should have been laid in another district. Transfer of these cases rather than dismissal was approved. Schiller v. Mit-Clip Co., 2 Cir., 180 F.2d 654; Chicago & N. W. Railway Co. v. Davenport, D.C., 95 F.Supp. 469; Wood v. Pennsylvania Greyhound Lines, D.C., 86 F.Supp. 91.
If it were within the power of this Court to transfer this case to the United States Courts of Claims, I would do so. However, I find no authority in either the Statutes or the Federal Rules of Civil Procedure, 28 U.S.C.A., for such action. Since the Bruner case, supra, is decisive on the question of the jurisdiction of this Court, reluctantly, I am forced to conclude that the defendant's motion to dismiss should be granted. An Order will be entered accordingly.
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