Frechoux v. Lykes Bros. SS Co., Inc.

S.D. New York

Frechoux v. Lykes Bros. SS Co., Inc.

118 F. Supp. 234, 1953 U.S. Dist. LEXIS 4170

CourtDistrict Court, S.D. New York

DecidedOctober 17, 1953

StatusPublished

Cited by13 cases

This text of 118 F. Supp. 234 (Frechoux v. Lykes Bros. SS Co., Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frechoux v. Lykes Bros. SS Co., Inc., 118 F. Supp. 234, 1953 U.S. Dist. LEXIS 4170 (S.D.N.Y. 1953).

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Opinion

WEINFELD, District Judge.

In this action for maintenance and cure and wages the defendant moves to transfer to the District Court of Louisiana pursuant to 28 U.S.C. § 1404(a). The parties have taken conflicting positions as to whether, prejudice would result to plaintiff on the issue of the applicable statute of limitations in the event of transfer.

The action having been properly brought in this district, plaintiff should not be prejudiced by a transfer of the action. The motion is granted upon the condition that the defendant stipulate that the statute of limitations which the District Court of New York would apply were the action to remain here, shall be applied in the Louisiana District Court. Cf. Headrick v. Atchison, T. & S. F. Ry„ 10 Cir., 182 F.2d 305; Greve v. Gibraltar Enterprises, D.C., 85 F.Supp. 410; see also Kaufman, I.R., Judge, Observations on Transfers under Section 1404(a) of the New Judicial Code, 10 F.R.D. 595, 600-601. Settle order on notice.

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WEINFELD, District Judge.

In this action for maintenance and cure and wages the defendant moves to transfer to the District Court of Louisiana pursuant to 28 U.S.C. § 1404(a). The parties have taken conflicting positions as to whether, prejudice would result to plaintiff on the issue of the applicable statute of limitations in the event of transfer.

The action having been properly brought in this district, plaintiff should not be prejudiced by a transfer of the action. The motion is granted upon the condition that the defendant stipulate that the statute of limitations which the District Court of New York would apply were the action to remain here, shall be applied in the Louisiana District Court. Cf. Headrick v. Atchison, T. & S. F. Ry„ 10 Cir., 182 F.2d 305; Greve v. Gibraltar Enterprises, D.C., 85 F.Supp. 410; see also Kaufman, I.R., Judge, Observations on Transfers under Section 1404(a) of the New Judicial Code, 10 F.R.D. 595, 600-601. Settle order on notice.

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Bluebook (online)

118 F. Supp. 234, 1953 U.S. Dist. LEXIS 4170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frechoux-v-lykes-bros-ss-co-inc-nysd-1953.

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