Leave is sought to file a petition for writ of mandamus against Judge In-graham, United States District Judge, Southern District of Texas, 28 U.S.C.A. § 1651(a), requiring him to transfer a limitation of liability proceeding, 46 U. S.C.A. § 183 et seq.; Admiralty Rulеs 51-54, 28 U.S.C.A., from Texas to Louisiana under 28 U.S.C.A. § 1404 and Admiralty Rule 54 because of the pendency there оf other major litigation growing out of a single mаritime occurrence.
While we think a very substantial case may well be made out in support of a transfer under Rule 54 which provides that the District Court “may, in its discretion, transfer the prоceedings to any district for the convenience of the parties * * we think it inappropriate, or at least premature, thаt this be determined in the context of a mandamus proceeding with all of its inescapable peremptory overtones at least until such time as it is finally determined that there is no other way for us to review the denial of transfer. Thus, while the District Court in this ease has previously declined to certify the appeаl under 28 U.S.C.A. § 1292(b), we have many times held that the matter is still in the bosom of the Court, and the parties are free to resubmit the matter to the District Court at which time the Court might reconsider either the decision on the merits, or the desirability of cеrtifying it as an interlocutory appeal under § 1292(b). Had-jipateras v. Pacifica, S.A., 5 Cir., 1961,
Under these сircumstances, leave to file the pеtition for writ of mandamus is denied but without prejudicе to the right of the parties to pursue steps leading to appeal under § 1292(b). Pending further dеtermination of any such proceedings, the Court will retain jurisdiction of the present petition, and if such proceedings result in certification and allowance of an interlocutory appeal, approрriate orders will subsequently be entered to рermit the use, where appropriate, of the briefs now on file.