R. G. Barry Corporation v. Mushroom Makers, Incorporated
Court of Appeals for the Second Circuit
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
In the early days of the Republic, it was perceived that a risk of litigation by a citizen of one state against a citizen of another state was such that the local prejudice of the litigating forum would prevail. Accordingly, since as far back as 1789, Congress has permitted out-of-state defendants sued in state courts to remove actions brought against them to a federal forum for adjudication on the merits. 1 This fear of parochial bias supplied the principal impetus for removal petitions until 1887, when Congress drastically expanded the grounds for removal to…
2Cases cited24 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
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3Cited by161 opinions
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- United Food & Commercial Workers Union, Local 919, Afl-Cio v. Centermark Properties Meriden Square, Inc.Court of Appeals for the Second Circuit · 1994
- B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
- Industrial Tectonics, Inc. v. Aero Alloy, a California Corporation Die Cast Products, Inc., a California Corporation, AKA Metal Products GroupCourt of Appeals for the Ninth Circuit · 1990
- John PAMPILLONIA, Plaintiff-Appellant, v. RJR NABISCO, INC., Nabisco Foods Group, Planters Lifesavers Company, Defendants-AppelleesCourt of Appeals for the Second Circuit · 1998
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