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FITZGERALD v. CENTRAL GULF S.S. CORP.

November 7, 1968

Frederick FITZGERALD
v.
CENTRAL GULF STEAMSHIP CORP.



The opinion of the court was delivered by: MASTERSON

 MASTERSON, District Judge.

 The plaintiff, Frederick Fitzgerald, filed a complaint in this District on June 22, 1968, against the defendant Central Gulf Steamship Corporation, hereafter referred to as Cental Gulf. The plaintiff alleged that he sustained injuries as a result of an altercation between himself and another member of the crew of the SS GREEN ISLAND, a vessel owned by the defendant, while that vessel was traveling in the Indian Ocean between South Africa and Ethiopia. Central Gulf has made a motion to transfer this action to the United States District Court for the Southern District of Texas. For all the reasons discussed below the motion to transfer will be granted and the action will be transferred to the District Court for the Southern District of Texas.

 Central Gulf's motion to transfer has been made pursuant to Title 28 U.S.C.A. § 1404(a):

 
"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."

 In order to prevail on his motion a moving party,

 
"* * * must make a clear-cut showing that when all the interests are considered, trial would more conveniently proceed and the interests of justice would be better served in the other district.", Peyser v. General Motors Corporation, 158 F. Supp. 526, 529 (S.D.N.Y., 1958).

 Central Gulf relies on the following facts in support of its motion:

 (1) the plaintiff presently resides in Houston;

 (2) of the three factual witnesses most likely to be called at trial, two reside in Houston and one resides in New Orleans;

 (3) the plaintiff's medical treatment took place in Houston;

 (4) the defendant's principal office is in New Orleans;

 (5) the vessel on which the accident occurred more frequently docks at Houston than ...


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