Garner v. Wolfinbarger

433 F.2d 117 (1970)

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Nature of the Case

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Facts

P, shareholders, sued Wofinbarger (D), various corporate directors, officers and controlling persons, claiming violations of federal and state securities laws, fraud and other wrongs. The Court transferred the cause to the Southern District of Alabama under 28 U.S.C. §1404(a). P appealed by interlocutory appeal under 28 U.S.C. §1292(b) and by a petition for writ of mandamus against the District Judge. The appeals court granted permission for a §1292(b) appeal reserving determination of the appropriateness of the appeal for consideration along with the merits. P contends that they are entitled under securities law to have the matter heard in their choice of forum.