Goade v. Vollrath

RIDGE, District Judge.

The exact boundary between matters of procedure and matters of substantive right is not precisely defined in our jurisprudence. However, in causes removed from State courts to Federal courts certain clearly established rules have been announced from which, in view of the celebrated decision of our Supreme Court in Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, it would seem apparent that rights acquired by parties in removal actions whether characterized either as “substantive” or “procedural” rights, must be recognized and…