E.I. du Pont, D.C.1949, 83 F.Supp. 233 under Section 1404(a) from the District of Columbia to the Delaware District, the home jurisdiction of the defendants.
The fact that a motion for modification of the 1920 decree was filed by defendants in 1930 and proceeded to conclusion before one of the judges of this court in 1931, without effort on the part of defendants to transfer the case to another judicial district, does not, in the circumstances, in the opinion of the court, militate against the defendants as movants in the present proceeding. Title 28, Section 1404(a) was not in existence at the time of the filing of the motion for modification in 1930 and did not come into existence until 18 years thereafter, so that recourse to a proceeding of the character of the instant motion to transfer was not available to defendants at that time. Furthermore, the fact that the 1930 motion for modification was tried at length to final order before one of the judges of this court in 1931 gives to the present motion no type of fixation in this court. The judge who heard and determined the 1930-31 motion has retired and no judge who is at present an active member of this court was a member thereof in 1930 or in 1931 at the time of the modification. Thus the members of this court have no more familiarity with this case than do the members of the United States District Court in Illinois. Consequently the District Court of the United States for the District of Illinois, Eastern Division, will approach consideration of this case in exactly the same way in which it would be approached by the District Court of the United States for the District of Columbia if it were retained in this jurisdiction.
The court has considered the motion to transfer in advance of the completion of the issues on the motion for summary judgment for the reason, as indicated by the court during the argument of the motion to transfer, that the summary judgment in a case of this nature and extent will involve time and effort, in all likelihood, greater than that involved in the majority of trials. Furthermore the court has considered the transfer motion in advance of the motion for summary judgment in order to eliminate the situation that would result, in the event of transfer, of transferring a case in which the transferring court had ruled on an important element of the case which the transferee court should be allowed to be free to rule upon itself.
Premises considered, the court finds that it is established that, for the convenience of parties and witnesses, in the interest of justice, this civil action should be transferred to the United States District Court for the Northern District of Illinois, Eastern Division. Therefore the motion of defendants Swift and Armour to transfer this case is sustained.
Counsel for the defendants Swift and Armour will prepare order of transfer in accordance with this opinion of the court. Counsel for Cudahy has not joined in this motion but has expressed agreement to transfer if ordered by the court.