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Geehan v. Monahan

July 6, 1967

CATHLEEN GEEHAN, PLAINTIFF-APPELLEE,
v.
RICHARD S. MONAHAN, DEFENDANT-APPELLANT



Schnackenberg, Castle and Fairchild, Circuit Judges.

Author: Schnackenberg

SCHNACKENBERG, Circuit Judge.

Richard S. Monahan, defendant, has appealed from a judgment of the United States District Court for the Eastern District of Wisconsin entered April 21, 1966, against him and in favor of Cathleen Geehan, plaintiff, for $46,237.66 and costs, based on a jury verdict.

Plaintiff originally filed her complaint in the District Court of the United States for the Eastern District of Virginia, but, when defendant's answer denied an allegation of the complaint that she was a resident and citizen of Virginia and stated that she was a resident and citizen of Wisconsin, the Virginia federal court entered an order on September 10, 1963, which read:

Upon consideration of the pleadings in the above-styled matter, and after hearing counsel, it appearing to the Court that the plaintiff did not establish such residence under Title 28, United States Code, § 1391(a), as to permit her to bring suit in this District; and

It further appearing to the Court that counsel, in view of the foregoing, have agreed that the action be transferred to the United States District Court for the Eastern District of Wisconsin, Milwaukee Division ; it is [italics supplied]

Ordered that Civil Action No. 2933 be, and it hereby is, transferred to the United States District Court for the Eastern District of Wisconsin, Milwaukee Division, for such further proceedings as that court deems proper. Title 28, United States Code, § 1404(a).

The Clerk is directed to mail certified copies hereof to the plaintiff and the defendant, and shall forthwith mail all of the files in Civil Action No. 2933 to the Clerk of the United States District Court for the Eastern District of Wisconsin, Milwaukee Division.

September 10, 1963

/s/ Oren R. Lewis

United States District Judge

A copy of the foregoing order was filed in the Wisconsin court on September 12, 1963, and is a part of the record on appeal herein.

1. In this appeal defendant contends that the trial court in Wisconsin did not have jurisdiction over the subject matter of the action. He cites the facts that plaintiff originally alleged in her complaint, which she filed in the federal court in Virginia, that she was a citizen of that state and that defendant was a citizen of the District of Columbia, and that defendant denied plaintiff's allegation as to his citizenship but alleged that he was a citizen of the state of New York, living in a student's dormitory in the District of Columbia.

While defendant moved in the district court in Wisconsin to retransfer the case to the Virginia federal court, which motion was denied, that action was consistent with the view which we take of the validity of the order of the Virginia federal court above-quoted. While the order refers to 28 U.S.C. § 1404(a), which reads,

(a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or ...


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