Goldlawr, Inc. v. Heiman
Goldlawr, Inc. v. Heiman
Opinion of the Court
delivered the opinion of the Court.
This private antitrust action for treble damages and other relief under § § 1 and 2 of the Sherman Act
Section 1406 (a), under which the Pennsylvania District Court transferred this case, provides:
“The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.”
Nothing in that language indicates that the operation of the section was intended to be limited to actions in which the transferring court has personal jurisdiction over the defendants. And we cannot agree that such a restrictive interpretation can be supported by its legislative his
The language of § 1406 (a) is amply broad enough to authorize the transfer of cases, however wrong the plaintiff may have been in filing his case as to venue, whether the court in which it was filed had personal jurisdiction over the defendants or not. The section is thus in accord with the general purpose which has prompted many of the procedural changes of the past few years — that of removing whatever obstacles may impede an expeditious and orderly adjudication of cases and controversies
The Court of Appeals erred in upholding the District Court’s order dismissing this action as to these two corporate defendants. The judgment of the Court of Appeals is accordingly
Reversed.
26 Stat. 209, as amended, 15 U. S. C. §§ 1 and 2.
38 Stat. 731, 15 U. S. C. § 15.
The District Court also found venue improper as to a number of individual defendants, but that fact is not relevant to any issue properly before us. See note 5, infra.
38 Stat. 736, 15 U. S. C. § 22. This section, which deals with both venue and personal jurisdiction in antitrust actions against corporations, also provides that process may be served in the district of which the corporation “is an inhabitant, or wherever it may be found.”
The Pennsylvania District Court also transferred the action against the individual defendants as to whom venue had been found improper. Only one of these, Marcus Heiman, moved in the New York District Court to have the action dismissed as to him for lack of power in the transferring court. Heiman’s motion was granted on this ground and on a second entirely independent ground. The Court of Appeals affirmed the dismissal as to Heiman on both grounds and the petitioner did not seek certiorari as to the second and independent ground. The writ is therefore dismissed as to Heiman.
See Internatio-Rotterdam, Inc., v. Thomsen, 218 F. 2d 514; Orion Shipping & Trading Co. v. United States, 247 F. 2d 755; Amerio Contact Plate Freezers, Inc., v. Knowles, 107 U. S. App. D. C. 81, 274 F. 2d 590; Hayes v. Livermont, 108 U. S. App. D. C. 43, 279 F. 2d 818.
368 U. S. 810.
Senate Report No. 303, 81st Cong., 1st Sess., discussed by the court below at 288 F. 2d 579, 583.
As illustrating the difficulties which may arise in determining where corporations can be found or transact business, see Polizzi v. Cowles Magazines, Inc., 345 U. S. 663; International Shoe Co. v. Washington, 326 U. S. 310.
62 Stat. 937.
63 Stat. 101.
Internatio-Rotterdam, Inc., v. Thomsen, 218 F. 2d 514, 517.
Dissenting Opinion
The notion that a District Court may deal with an in personam action in such a way as possibly to affect a defendant’s substantive rights without first acquiring jurisdiction over him is not a familiar one in federal
In these circumstances I think the matter is better left for further action by Congress, preferably after the Judicial Conference of the United States has expressed its views on the subject. Cf. Miner v. Atlass, 363 U. S. 641, 650-652. Meanwhile, substantially for the reasons elaborated in the opinion of Judge Moore, 288 F. 2d 579, I would affirm the judgment of the Court of Appeals.
In an ordinary diversity suit, for example, a plaintiff may bring suit in the judicial district where he resides. 28 U. S. C. § 1391 (a). But if he is unable to get personal service on the defendant in the territory defined by Fed. Rule Civ. Proc. 4 (f), his suit will be dismissed. See Robertson v. Railroad Labor Board, 268 U. S. 619; cf. Mississippi Publishing Corp. v. Murphree, 326 U. S. 438, 442-443. Since this would not be “a case laying venue in the wrong division or district/’ § 1406 (a) would be inapplicable.
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