Littman v. Bache & Co.

252 F.2d 479 (2nd Cir. 1958)

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Nature of the Case

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Facts

P filed an action against D and D got an extension to file an answer. Within the extended time, D obtained an order directing P to show cause why the action should not be transferred to the Southern District of Florida pursuant to 28 U.S.C.A. ¤1404(a). The District Court granted the motion and directed that the transfer be settled. That was disputed, and a motion for reargument was requested but denied. P then voluntarily dismissed the action one day before the transfer. D moved to vacate the dismissal, and it was, and P appealed.