FEDERAL COURTS-VENUE-TRANSFER TO A MORE CONVENIENT FORUM UNDER TITLE 28, UNITED STATES CODE, SECTION 1404(a)

A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent.

Masterpiece Productions, Inc. v. United Artists Corp., (D.C. Pa. 1950) 90 F. Supp. 750.