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CARBECK v. BALTIMORE & OHIO R.R. CO.

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


March 13, 1958

John Joseph CARBECK
v.
BALTIMORE & OHIO BAILROAD COMPANY

The opinion of the court was delivered by: DUSEN

This is an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, to recover damages for dermatological injuries sustained by the plaintiff, a resident of Pasadena, Maryland, which is a suburb of Baltimore, alleged to have been caused by fumes from diesel oil used by the defendant in its locomotives and equipment in the Mt. Clare Shops, Baltimore, Maryland, where plaintiff was employed.

Pursuant to 28 U.S.C.A. § 1404(a), the defendant has filed a motion to transfer the action to the District Court of Maryland for the convenience of the parties and witnesses and in the interest of justice. Plaintiff's opposition to the motion is based upon the language of 45 U.S.C.A. § 56 *fn1" and on the theory that the plaintiff's choice of forum should be given great weight, citing Gulf Oil Corp. v. Gilbert, 1947, 330 U.C. 501, 508, 67 S. Ct. 839, 91 L. Ed. 1055.

 Defendant is entitled to have the matter transferred under 28 U.S.C.A. § 1404(a), based upon the policy adopted by the courts of this District, *fn2" in view of the following facts, among others, appearing in this record:

 A. Plaintiff's residence is Pasadena, Maryland, which is located approximately ten miles south of Baltimore.

 B. Defendant is subject to process, and has its principal office, within the District of Maryland.

 C. All witnesses presently known to either party, including five physicians, reside in or near the City of Baltimore.

 D. The case will be reached much more rapidly in the District of Maryland due to a less crowded docket. *fn3"

 E. The injury forming the basis of plaintiff's complaint allegedly results from regular occurrences in the Mt. Clare Shops *fn4" operated by the defendant which are located in Baltimore, District of Maryland. *fn5"

 Order

 And Now, March 13, 1958, it is ordered that defendant's motion to transfer this case to the United States District Court for the District of Maryland is granted and that this case is transferred to that court.


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