Legal Opinion

R. G. Barry Corporation v. Mushroom Makers, Incorporated

Court of Appeals for the Second Circuit

Decided December 11, 1979No. 193, Docket 79-7303PublishedCited by 161 opinions

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

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  3. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  4. Bank of the United States v. DeveauxSupreme Court of the United States · 1809
  5. Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978

19 more not listed; retrieve them via the Exa API.

3Cited by161 opinions

  1. Hertz Corp. v. FriendSupreme Court of the United States · 2010
  2. United Food & Commercial Workers Union, Local 919, Afl-Cio v. Centermark Properties Meriden Square, Inc.Court of Appeals for the Second Circuit · 1994
  3. B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
  4. 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
  5. 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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