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WHITE v. LYKES BROS. S.S. CO.

January 28, 1971

Herbert M. WHITE
v.
LYKES BROS. STEAMSHIP CO., Inc.


Harold K. Wood, Senior Judge.


The opinion of the court was delivered by: WOOD

Defendant has moved for a change of venue to either the United States District Court at Mobile, Alabama or the United States District Court at New Orleans, Louisiana. Plaintiff, a seaman, brought the present action to recover for injuries sustained aboard the S.S. STELLA LYKES while the ship was in Manila.

 Defendant's motion is made pursuant to 28 U.S.C. ยง 1404(a) which 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."

 In order to prevail on his motion, "the 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); Fitzgerald v. Central Gulf Steamship Corp., 292 F. Supp. 847, 848 (E.D. Pa. 1968). For reasons hereinafter stated, we conclude that convenience to the parties and witnesses and the interest of justice require that this case be transferred to the United States District Court at Mobile, Alabama.

 In support of its motion to transfer, defendant cites the following facts:

 
1. Plaintiff is a resident of Mobile, Alabama;
 
2. Defendant's home office and records are located in New Orleans, Louisiana;
 
3. The home port of the S.S. STELLA LYKES is New Orleans, Louisiana;
 
4. Plaintiff signed aboard the S.S. STELLA LYKES in New Orleans, Louisiana and was repatriated there following his accident;
 
5. Plaintiff was treated at the United States Public Health Service at Mobile, Alabama;
 
6. Plaintiff was admitted to Doctors' Hospital in Mobile, Alabama.
 
7. Three defense witnesses, crewmen aboard the S.S. STELLA LYKES, reside near New Orleans, Louisiana;
 
8. Three neurological specialists who examined plaintiff and whose testimony will be necessary at trial ...

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