Simons & Simons, Petitioner, v. Federal Energy Regulatory Commission, Respondent, 951 F.2d 1324 (D.C. Cir. 1991)Annotate this Case
Before HARRY T. EDWARDS, SILBERMAN and STEPEN F. WILLIAMS, Circuit Judges.
Upon consideration of intervenor Columbia Gas Transmission Corporation's motion to transfer, the response of the Federal Energy Regulatory Commission in support of the motion to transfer and its motion to hold in abeyance the filing of the certificate of record, the answer of petitioner Simons and Simons in opposition to Columbia Gas Transmission Corporation's motion to transfer, and the reply of Columbia Gas Transmission Corporation thereto, it is
ORDERED that the motion to transfer be granted. A court having venue may exercise its inherent discretionary power to transfer a proceeding to another circuit in the interests of justice and sound judicial administration. See Eastern Air Lines Inc. v. Civil Aeronautics Board, 354 F.2d 507, 510 (D.C. Cir. 1965). Since the Third Circuit is familiar with the background of the underlying action through review of related proceedings, transfer to the Third Circuit is appropriate. Id. It is
FURTHER ORDERED that the motion to hold in abeyance the filing of the certificate of record be granted.
The Clerk is directed to transmit the original file and a certified copy of this order to the United States Court of Appeals for the Third Circuit.