Mitchell Partners, L.P. v. Irex Corp.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This matter comes to us under our jurisdiction over diversity of citizenship cases. 28 U.S.C. § 1332. Beginning with the First Judiciary Act of 1789, Congress authorized federal courts to hear suits “between a citizen of the State where the suit is brought, and a citizen of another State.” § 11, 1 Stat. 73, 78 (1789). The grant of diversity jurisdiction to federal courts was controversial at its inception and continues to be. See Charles Alan Wright, Law of Federal Courts § 23 (5th ed.1994). A byproduct of that jurisdiction is the requirement that…