1947, 330 U.S. 501, 509, 67 S. Ct. 839, 843, 91 L. Ed. 1055. Other litigants in this district ought not to be delayed by litigation so closely identified in all its aspects with the Ohio district.
On the foregoing facts, we think that a transfer will best serve the convenience of the plaintiff and the witnesses; that it will be in the interest of justice, and will make the judicial process easier, cheaper and probably more prompt.
All States Freight v. Modarelli, 3 Cir., 1952, 196 F.2d 1010, approved by the Supreme Court in Norwood v. Kirkpatrick, 1955, 349 U.S. 29, 75 S. Ct. 544, 99 L. Ed. 789; Brown v. Woodring, D.C.M.D.Pa.1959, 174 F.Supp. 640;
Jurgelis v. Southern Motors Express, D.C.E.D.Pa.1959, 169 F.Supp. 345;
Hostetler v. Baltimore & Ohio Railroad Company, D.C.W.D.Pa.1958, 164 F.Supp. 72; Cox v. Food Fair Stores, D.C.E.D.Pa.1958, 163 F.Supp. 682.
Plaintiff emphasizes that the court should give great weight to her choice of forum, citing Gulf Oil Corp. v. Gilbert, supra, and especially when the distance between the two forums is not great, citing Sherman v. Baltimore & O.R. Co., D.C.W.D.Pa.1954, 122 F.Supp. 492; Hohler v. Pennsylvania Railroad Company, D.C.W.D.Pa.1956, 140 F.Supp. 487;
Davis v. American Viscose Corporation, D.C.W.D.Pa.1958, 159 F.Supp. 218. In the Davis case, the plaintiff was a resident of this district and other factors weighed the balance against the transfer. The Hohler and Sherman cases were F.E.L.A. actions, for the prosecution of which Congress specifically gave a plaintiff the option of bringing his action 'in a district court of the United States, in the district * * * in which the defendant shall be doing business at the time of commencing such action.' 45 U.S.C.A. § 56. This right is 'substantial', Boyd v. Grand Trunk W.R. Co., 1949, 338 U.S. 263, 266, 70 S. Ct. 26, 94 L. Ed. 55, and is not impliedly repealed by § 1404(a), Ex parte Collett, 1949, 337 U.S. 55, 60, 69 S. Ct. 944, 959, 93 L. Ed. 1207. Moreover, the law to be applied in F.E.L.A. cases is federal law. Even in F.E.L.A. cases when the balance of convenience for the parties and witnesses strongly preponderates in favor of the transfer, it has been granted. Norwood v. Kirkpatrick, supra; Hostetler v. Baltimore & Ohio Railroad Company, supra.
An appropriate order transferring this case to the Northern District of Ohio, Eastern Division, will be entered.