(Download) "Sunil Lotus Aiyadurai v. Immigration and Naturalization Service and Gerald L. Coyle" by United States Court of Appeals for the Eighth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Sunil Lotus Aiyadurai v. Immigration and Naturalization Service and Gerald L. Coyle
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 28, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Nine Mile Limited, d/b/a Serco Administrators, and American Warranty Corporation [petitioners], petition this Court to issue a writ of mandamus directing the district court to vacate an order upholding its transfer of petitioners diversity action against Philip E. Carnes. The petitioners have presented the facts of this contested transfer once before to this Court. On February 2, 1982, the district court granted Carnes resisted motion for change of venue of the underlying suit to the District of South Carolina under 28 U.S.C. § 1404(a). The court mailed the case file to the District of South Carolina on the same day as its transfer order. On February 18, 1982, the petitioners asked this Court for a writ of mandamus requiring the district court to temporarily stay the transfer order. We granted that petition, and ordered the district court to request the return of the case file from the District of South Carolina so that the district court could properly reconsider its transfer order, with review in this Court if necessary. In Re Nine Mile Limited, 673 F.2d 242, 244 (8th Cir. 1982). Neither we nor the district court could reconsider the transfer order at that time, since the premature physical transfer of the case file deprived the courts in this circuit of jurisdiction in the case. Id. at 243. The district court regained the case file pursuant to our writ and denied petitioners motion for reconsideration of the transfer order on June 30, 1982. The petitioners bring the present petition for extraordinary relief from the district courts transfer order and its denial of their motion for reconsideration. Based on our review of the claims raised by the petitioners in the underlying diversity action and the unique facts of this case, we deny the request for a writ of mandamus.
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