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GOLDLAWR, INC. V. HEIMAN, 369 U. S. 463 (1962)

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U.S. Supreme Court

Goldlawr, Inc. v. Heiman, 369 U.S. 463 (1962)

Goldlawr, Inc. v. Heiman

No. 101

Argued March 19, 1962

Decided April 30, 1962

369 U.S. 463


Petitioner brought this private antitrust action for treble damages and other relief under §§ 1 and 2 of the Sherman Act and § 4 of the Clayton Act in a Federal District Court in Pennsylvania. On a motion to dismiss on grounds of improper venue and want of personal jurisdiction over the defendants, that Court found that venue was improperly laid as to two of the corporate defendants because they were not inhabitants of, "found" or transacting business in Pennsylvania; but, instead of dismissing the action, it used its authority under 28 U.S.C. § 1406(a) to transfer the case to the Southern District of New York, where venue was proper because the defendants could be found and transacted business there and personal jurisdiction over them could be obtained by service of process under § 12. These two corporate defendants then moved the Federal District Court in New York to dismiss the action on the ground that the District Court in Pennsylvania did not have personal jurisdiction over them and, therefore, lacked power under § 1406(a) to transfer the action.

Held: Section 1406 (a) is not limited to cases in which the transferring court has personal jurisdiction over the defendants, and the District Court in Pennsylvania acted within its authority. Pp. 369 U. S. 464-467.

288 F.2d 579 reversed. chanroblesvirtualawlibrary

Page 369 U. S. 464

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