gulf
oil
corporation
gilbert
argued
decided
march
bernard
golding
archie
gray
houston
petitioner
max
gwertzman
new
york
city
respondent
justice
jackson
delivered
opinion
questions
whether
district
inherent
power
dismiss
suit
pursuant
doctrine
forum
non
conveniens
whether
power
abused
case
brought
action
southern
district
new
york
resides
lynchburg
virginia
operated
public
warehouse
alleges
violation
ordinances
lynchburg
carelessly
handled
delivery
gasoline
warehouse
tanks
pumps
cause
explosion
fire
consumed
warehouse
building
damage
destroyed
merchandise
fixtures
damage
caused
injury
business
profits
burned
property
customers
custody
warehousing
agreements
extent
asks
judgment
costs
disbursements
interest
date
fire
action
clearly
one
tort
corporation
organized
laws
pennsylvania
qualified
business
virginia
new
york
designated
officials
state
agents
receive
service
process
sued
new
york
defendant
invoking
doctrine
forum
non
conveniens
claimed
appropriate
place
trial
virginia
plaintiff
lives
defendant
business
events
litigation
took
place
witnesses
reside
state
federal
courts
available
plaintiff
able
obtain
jurisdiction
defendant
case
merits
involves
federal
question
brought
district
solely
diversity
citizenship
parties
charact
jurisdiction
holdings
erie
railroad
tompkins
district
considered
law
new
york
forum
non
conveniens
applied
required
case
left
virginia
courts
therefore
dismissed
circuit
appeals
disagreed
applicability
new
york
law
took
restrictive
view
application
entire
doctrine
federal
courts
one
judge
dissenting
reversed
case
certiorari
conceded
venue
statutes
permitted
plaintiff
commence
action
southern
district
new
york
empower
entertain
settle
question
whether
must
indeed
doctrine
forum
non
conveniens
never
apply
absence
jurisdiction
mistake
venue
one
form
words
another
repeatedly
recognized
existence
power
decline
jurisdiction
exceptional
circumstances
formulated
justice
brandeis
rule
proposition
jurisdiction
must
exercise
universally
true
else
admiralty
never
decline
jurisdiction
ground
litigation
foreigners
true
courts
administering
systems
law
courts
equity
law
also
occasionally
decline
interest
justice
exercise
jurisdiction
suit
aliens
nonresidents
kindred
reasons
litigation
appropriately
conducted
foreign
tribunal
canada
malting
paterson
steamships
later
expressly
said
state
appropriate
cases
apply
doctrine
forum
non
conveniens
broderick
rosner
williams
state
north
carolina
even
federal
rights
binding
state
courts
constitution
sought
adjudged
sustained
state
courts
refusal
entertain
litigation
nonresident
foreign
corporation
two
foreign
corporations
douglas
new
york
american
provision
davis
provision
held
use
inappropriate
forum
one
case
unconstitutional
burden
interstate
commerce
davis
farmers
equity
substantially
forum
non
conveniens
grounds
required
federal
courts
relinquish
decision
cases
within
jurisdiction
participate
administrative
policy
state
railroad
commission
texas
rowan
nichols
oil
burford
sun
oil
cf
meredith
winter
recently
decided
williams
green
bay
western
without
questioning
validity
doctrine
held
applied
case
without
justification
true
cases
federal
employers
liability
act
et
held
plaintiff
choice
forum
defeated
basis
forum
non
conveniens
special
venue
act
cases
brought
believed
require
baltimore
ohio
kepner
miles
illinois
central
decisions
purport
modify
doctrine
cases
governed
general
venue
statutes
says
kepner
case
warned
refusal
jurisdiction
particular
case
controlled
congressional
act
difference
congressional
act
plus
judicial
interpretation
neirbo
case
spells
result
page
federal
employers
liability
act
however
controlled
decision
kepner
case
specifically
provides
venue
may
suit
cause
action
arising
statute
refers
act
plus
judicial
interpretation
general
statute
venue
diversity
suits
plus
decision
gives
defendant
personal
privilege
respecting
venue
place
suit
may
assert
may
waive
election
neirbo
bethlehem
shipbuilding
federal
employers
liability
act
interpreted
kepner
increases
number
places
defendant
may
sued
makes
accept
plaintiff
choice
neirbo
case
declaration
defendant
filing
consent
sued
waives
privilege
sued
place
residence
may
sued
federal
courts
place
consented
sued
general
venue
statute
plus
neirbo
interpretation
add
declaration
must
respect
choice
plaintiff
matter
type
suit
issues
involved
two
taken
together
mean
defendant
may
consent
sued
proper
federal
take
jurisdiction
plaintiff
choice
questioned
defendant
consent
sued
extends
give
jurisdiction
person
assumes
parties
apply
applicable
law
including
cases
appropriate
discretionary
judgment
whether
suit
entertained
cases
doctrine
forum
non
conveniens
comes
play
presupposes
least
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forums
defendant
amenable
process
doctrine
furnishes
criteria
choice
ii
principle
forum
non
conveniens
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may
resist
imposition
upon
jurisdiction
even
jurisdiction
authorized
letter
general
venue
statute
statutes
drawn
necessary
generality
usually
give
plaintiff
choice
courts
may
quite
sure
place
pursue
remedy
open
door
may
admit
seek
simply
justice
perhaps
justice
blended
harassment
plaintiff
sometimes
temptation
resort
strategy
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many
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courts
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place
trial
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justice
federal
law
contains
express
criteria
guide
district
exercising
power
problem
old
one
affecting
administration
courts
well
rights
litigants
england
country
common
law
worked
techniques
criteria
dealing
wisely
attempted
catalogue
circumstances
justify
require
either
grant
denial
remedy
doctrine
leaves
much
discretion
plaintiff
resorts
experience
shown
judicial
tendency
renounce
one
jurisdiction
strong
result
many
abuses
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results
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considered
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name
interest
considered
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likely
pressed
private
interest
litigant
important
considerations
relative
ease
access
sources
proof
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attendance
unwilling
cost
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attendance
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witnesses
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premises
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make
trial
case
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expeditious
inexpensive
may
also
questions
enforcibility
judgment
one
obtained
weigh
relative
advantages
obstacles
fair
trial
often
said
plaintiff
may
choice
inconvenient
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defendant
inflicting
upon
expense
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pursue
remedy
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balance
strongly
favor
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forum
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disturbed
factors
public
interest
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place
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doctrine
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difficulties
follow
courts
litigation
piled
congested
centers
instead
handled
origin
jury
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burden
imposed
upon
people
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litigation
cases
touch
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persons
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report
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interest
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controversies
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home
appropriateness
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diversity
case
forum
home
state
law
must
govern
case
rather
forum
untangle
problems
conflict
laws
law
foreign
law
new
york
discretion
apply
doctrine
forum
non
conveniens
standards
guide
discretion
far
involved
federal
rule
murnan
wabash
ry
wedemann
trus
new
york
see
gregonis
philadelphia
reading
coal
iron
co
profitable
therefore
pursue
inquiry
source
rule
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flow
iii
turning
question
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interests
litigants
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resident
new
york
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connected
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experts
live
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side
case
save
counsel
plaintiff
resides
candidly
told
us
retained
insurance
companies
interested
presumably
subrogation
affidavits
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devoted
controvering
claims
defendant
inconvenience
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present
forum
serves
convenience
one
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justification
trial
new
york
advanced
one
rejected
district
set
forth
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follows
readily
realize
action
type
involving
claim
damages
amount
close
one
may
stagger
imagination
local
jury
surely
unaccustomed
dealing
amounts
nature
furthermore
removed
lynchburg
respondent
opportunity
try
case
free
local
influences
preconceived
notions
make
difficult
procure
jury
previous
knowledge
facts
herein
unproven
premise
jurors
new
york
live
terms
intimacy
transactions
assumption
easily
make
assume
jury
lynchburg
vicinity
contemplating
value
warehouse
building
stood
region
merchandise
fixtures
used
likely
staggered
value
chattels
people
neighborhood
put
storage
strange
argument
behalf
virginia
plaintiff
community
gave
patronage
make
business
valuable
capable
furnishing
jurors
know
value
goods
store
building
stored
business
patronage
creates
specification
local
influence
accurate
knowledge
local
conditiions
make
fair
trial
improbable
net
say
district
bound
entertain
provincial
fear
provincialism
virginia
jury
leaves
virginia
plaintiff
without
even
suggested
reason
transporting
suit
new
york
defendant
points
plaintiff
every
person
participated
acts
charged
negligent
resides
near
lynchburg
also
claims
need
interplead
alleged
independent
contractor
made
delivery
gasoline
virginia
corporation
domiciled
lynchburg
interplead
new
york
also
approximately
persons
residing
around
lynchburg
stored
plaintiff
goods
damage
seeks
recover
extent
left
community
since
fire
number
actually
needed
dispute
complaint
alleges
defendant
conduct
violated
lynchburg
ordinances
conditions
said
require
proof
firemen
many
others
learned
experienced
trial
judge
unaware
litigants
generally
manage
try
cases
fewer
witnesses
predict
motions
justified
concluding
trial
likely
long
involve
calling
many
witnesses
lynchburg
miles
new
york
source
proofs
either
side
possible
exception
perts
certainly
fix
place
trial
point
litigants
compel
personal
attendance
may
forced
try
cases
deposition
create
condition
satisfactory
jury
litigants
necessarily
cured
statement
plaintiff
counsel
see
getting
many
witnesses
trial
delighted
come
new
york
testify
may
circumstances
proposal
given
weight
others
offer
may
turn
generous
defendant
might
suppose
matters
district
decide
exercise
sound
discretion
likewise
well
concluded
task
trial
simplified
trial
ginia
trial
state
apply
law
events
occurring
federal
reason
diversity
citizenship
apply
law
state
likely
experienced
course
adjudication
new
york
federal
might
beset
conflict
laws
problems
avoided
case
litigated
virginia
arose
convinced
district
exceed
powers
bounds
discretion
dismissing
plaintiff
complaint
remitting
courts
community
circuit
appeals
took
restrictive
view
doctrine
approved
judgment
reversed
reversed
justice
reed
justice
burton
dissent
set
factual
reasons
dissent
since
affirmance
koster
american
lumbermens
mutual
casualty
control
justice
black
dissenting
defendant
corporation
organized
laws
pennsylvania
qualified
business
maintains
office
new
york
plaintiff
individual
residing
business
virginia
accident
plaintiff
alleges
damaged
occurred
lynchburg
virginia
plaintiff
brought
action
federal
district
new
york
section
judiciary
act
stat
carried
judicial
code
confers
jurisdiction
upon
federal
district
courts
actions
law
citizens
different
suggest
federal
district
new
york
lacks
jurisdiction
statute
venue
improper
case
cf
neirbo
bethlehem
shipbuilding
holds
district
may
abdicate
jurisdiction
defendant
shows
satisfaction
district
convenient
less
vexatious
defendant
trial
held
another
jurisdiction
neither
venue
statute
statute
governed
jurisdiction
since
contains
indication
implication
federal
district
satisfied
jurisdiction
venue
requirements
met
may
decline
exercise
jurisdiction
except
relation
exercise
extraordinary
admiralty
equity
powers
district
courts
never
held
contrary
general
principle
courts
bound
proceed
judgment
afford
redress
suitors
every
case
jurisdiction
extends
abdicate
authority
duty
case
favor
another
jurisdiction
hyde
stone
quoted
approval
chicot
county
sherwood
see
also
dennick
railroad
baltimore
kepner
evey
mexican
cent
never
today
held
actions
money
damages
violations
common
law
statutory
rights
district
abdicate
statutory
duty
exercise
jurisdiction
alleged
convenience
defendant
lawsuit
compare
slater
mexican
national
reasons
peculiar
special
problems
admiralty
extraordinary
remedies
equity
courts
exercising
admiralty
equity
powers
mitted
times
decline
exercise
jurisdiction
canada
malting
paterson
rogers
guaranty
trust
cf
williams
green
bay
exception
rooted
kind
relief
courts
grant
kinds
problems
solve
see
meredith
winter
burford
sun
oil
courts
equity
developed
afford
relief
money
judgment
common
law
courts
provided
adequate
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injured
person
beginning
equitable
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chancery
courts
generally
granted
withheld
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remedies
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act
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miller
many
occasions
severely
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district
courts
decline
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even
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equitable
remedies
meredith
winter
supra
cases
cited
pages
page
previously
federal
courts
generally
allowed
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dispose
even
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trial
judgment
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trust
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venue
district
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statutes
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statute
passed
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decline
try
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policy
congress
decide
strong
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presented
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federal
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law
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courts
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think
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show
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one
sued
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defend
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defendant
produce
substantial
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reasons
fitting
rule
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establish
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inconvenient
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thus
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forums
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believe
produce
kind
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hardship
stalled
handicapped
persons
seeking
compensation
maritime
injuries
following
decision
southern
pacific
jensen
broad
indefinite
discretion
left
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courts
decide
question
convenience
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factors
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inevitably
produce
complex
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decisions
accurate
prediction
proper
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plaintiffs
asked
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question
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regularly
divide
among
within
membership
penalty
error
injured
individual
may
suffer
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discover
claim
barred
statute
limitations
proper
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erroneously
pursuing
elsewhere
davis
department
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industries
case
illustrates
hazards
delay
must
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anew
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forum
district
circuit
appeals
say
relative
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forum
plaintiff
chose
seek
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whether
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limitations
run
plaintiff
know
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rule
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non
conveniens
law
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may
thought
justify
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delays
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complications
hardships
event
congress
yet
said
think
years
passage
judiciary
fill
thinks
deficiency
deliberate
policy
congress
adopted
whether
doctrine
forum
non
conveniens
good
bad
wait
congress
adopt
justice
rutledge
joins
opinion
footnotes
gilbert
gulf
oil
gilbert
gulf
oil
see
neirbo
bethlehem
shipbuilding
doctrine
originate
federal
state
courts
recognizing
approving
name
never
indicated
rejecting
application
doctrine
law
actions
integral
necessary
part
evolution
doctrine
cf
slater
mexican
national
wherever
applied
courts
jurisdictions
application
depend
whether
action
law
collard
beach
app
div
murnan
wabash
ry
jackson
sons
lumbermen
mutual
casualty
equity
langfelder
universal
laboratories
egbert
short
ch
see
koster
american
lumbermens
mutual
casualty
see
foster
place
application
intrastate
methods
adjustment
see
logan
bank
scotland
cf
la
socie
te
du
gaz
de
paris
la
socie
te
anonyme
de
navigation
armateurs
francais
collard
beach
jackson
sons
lumbermen
mutual
casualty
see
pietraroia
new
jersey
hudson
ferry
great
western
railway
canada
miller
see
dainow
inappropriate
forum
see
blair
doctrine
forum
non
conveniens
law
mondou
new
york
stated
existence
jurisdiction
creates
implication
duty
exercise
exercise
may
onerous
militate
implication
cf
douglas
new
york
although
distinction
actions
law
suits
equity
federal
courts
abolished
adoption
single
form
civil
action
rule
following
section
see
moore
federal
practice
remains
federal
courts
discretion
less
exercise
special
equitable
remedies
existed
adoption
federal
rules
neither
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statutes
tradition
practical
considerations
justify
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equitable
discretion
actions
money
judgments
based
common
law
statutory
rights
whose
jurisdiction
primarily
appellate
held
need
exercise
constitutionally
granted
original
jurisdiction
even
common
law
another
suitable
forum
state
georgia
pennsylvania
constitution
congress
fixes
co
rt
jurisdiction
duty
interpret
constitutional
jurisdiction
duty
congress
fix
jurisdiction
district
courts
statute
duty
amend
statute
recognize
without
hesitation
judges
must
legislate
interstitially
confined
molar
molecular
motions
holmes
dissenting
southern
pacific
jensen
see
also
dissenting
opinion
state
tax
commission
aldrich
authorities
collected
law
review
articles
relied
upon
document
theory
federal
rule
forum
non
conveniens
reveal
judicial
adoption
theory
without
new
act
congress
unwarranted
judicial
innovation
foster
place
application
intrastate
methods
adjustment
blair
doctrine
forum
non
conveniens
law
instance
stated
matter
little
dispute
desirability
legislation
comparatively
little
chance
overcoming
legislative
inertia
securing
passage
unless
accident
happens
focus
attention
upon
best
hope
courts
feel
free
take
appropriate
action
without
specific
legislation
authorizing
foster
supra