![]() § 1404(a) to transfer "this action" to the United States District Court at Memphis, alleging that such transfer was "necessary for the convenience of the parties and witnesses and in the interest of justice." This followed the language of § 1404(a), which provides: While the litigation arising out of this single occurrence was in this posture in the New Orleans and Memphis courts, the barge owner defendant at New Orleans filed a motion and accompanying affidavits under U. In the meantime, the damage case against the grain company had been removed from the Tennessee state court to the United States District Court at Memphis. The cargo owner later brought this action in the United States District Court in New Orleans against the barge and its owner, in a single complaint, charging that the vessel had sunk because of its defects and unseaworthiness, and claiming damages for injury to the cargo. The barge owner, Federal Barge Lines, Inc., brought an action for damages in a Tennessee state court charging that the barge sank because the cargo owner, Continental Grain Co., had been negligent in loading it. A dispute arose over what caused it to sink. After the barge was partially loaded by petitioner, Continental Grain Co., with its soybeans at its wharf in Memphis, the barge sank, causing damage both to the barge and to the soybeans. ![]() Barge FBL-585, a respondent here under an ancient admiralty fiction, is owned by Federal Barge Lines, Inc., the other respondent. The facts and circumstances on which the District Court transferred this case are these. We granted certiorari to consider this important question. The Court of Appeals affirmed the District Court's transfer order. § 1404(a), erred in ordering that this action for damages to cargo from alleged unseaworthiness be transferred for trial, "in the interest of justice," to the United States District Court at Memphis, Tennessee, where the sinking of the barge occurred. The single issue presented for decision in this case is whether the United States District Court in New Orleans, acting under 28 U.S.C. JUSTICE BLACK delivered the opinion of the Court. § 1404(a) for transfer of this case to the Federal District Court at Memphis, alleging that such transfer was "necessary for the convenience of the parties and witnesses and in the interest of justice." Finding these allegations to be true, the District Court at New Orleans transferred the case to the District Court at Memphis. The barge owner then moved under 28 U.S.C. The cargo owner then brought this action in the Federal District Court at New Orleans against the barge and its owner, claiming damages to the cargo resulting from unseaworthiness. The barge owner sued the cargo owner in a Tennessee State Court for damages alleged to have resulted from negligence in loading it, and that case was removed to the Federal District Court at Memphis. While a barge was being loaded at Memphis, it sank, with resulting damage to both the barge and the cargo. 19 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE: FIFTH CIRCUIT Syllabus ![]() (b) Transfer of this action to the District Court at Memphis is not barred by the fact that fictionally it is also an in rem proceeding against the barge itself, which was not within the jurisdiction of the District Court at Memphis when this action was brought. (a) Insofar as this is a "civil action" against the barge owner, it clearly was transferable to the District Court at Memphis, since the plaintiff could have brought this action in that court.
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