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Hanna Vs. Plumer
Cites for this judgment
- US Supreme Court
- Apr 26, 1965
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U.S. 460 (1965) U.S. Supreme Court Hanna v. PlumerSearch
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U.S. 460 (1965) Hanna v. PlumerSearch
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Procedure making it clear that in-hand service is not required in diversity actions, it is doubtful that Erie R. Co. v. TompkinsSearch
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test of Guaranty Trust Co. v. YorkSearch
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On October 17, 1963, the District Court granted respondent's motion for summary judgment, citing Ragan v. MerchantsSearch
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Transfer & Warehouse Co., 337 U. S. 530 , and Guaranty Trust Co. of New York v. YorkSearch
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Cf. Insurance Co. v. BangsSearch
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Sibbach v. WilsonSearch
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In Mississippi Pub. Corp. v. MurphreeSearch
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to rules of practice and procedure, have been brought before a court authorized to determine their rights. Sibbach v. WilsonSearch
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were there no conflicting state procedure, Rule 4(d)(1) would clearly control. National Equipment Rental, Limited v. SzukhentSearch
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Court's attention another line of cases, a line which -- like the Federal Rules -- had its birth in 1938. Erie R. Co. v. TompkinsSearch
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cases following Erie diverged markedly from the line construing the Enabling Act. Guaranty Trust Co. of New York v. YorkSearch
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analysis was never Page 380 U. S. 467 intended to serve as a talisman. Byrd v. BlueSearch
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criterion, but rather by reference to the policies underlying the Erie rule. Guaranty Trust Co. of New York v. YorkSearch
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in order to prevent apprehended discrimination in state courts against those not citizens of the state. Swift v. TysonSearch
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Erie R. Co. v. TompkinsSearch
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which had grown up in response to the rule of Swift v. TysonSearch
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the incorrect assumption that the rule of Erie R. Co. v. TompkinsSearch
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negligence is a question of local law which federal courts in diversity of citizenship cases ( Erie R. Co. v. TompkinsSearch
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Federal Rules in light of Page 380 U. S. 471 the distinction set forth in Sibbach. E.g., Schlagenhauf v. HolderSearch
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Guaranty Trust Co. of New York v. YorkSearch
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Lumbermen's Mutual Casualty Co. v. WrightSearch
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for federal courts even though some of those rules will inevitably differ from comparable state rules. Cf. Herron v. SouthernSearch
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Cohen v. BeneficialSearch
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the character and result of the federal litigation stray from the course it would follow in state courts, Sibbach v. WilsonSearch
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This part of the statute, the purpose of which is to speed the settlement of estates, Spaulding v. McConnellSearch
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Doyle v. MoylanSearch
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propriety of which is in dispute -- was made on February 8, 1963.) 331 F.2d at 159. Cf. Guaranty Trust Co. of New York v. YorkSearch
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Ragan v. MerchantsSearch
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is involved here, is, as the court below noted, to insure that executors will receive actual notice of claims. Parker v. RichSearch
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Schlagenhauf v. HolderSearch
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Ragan v. MerchantsSearch
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Woods v. InterstateSearch
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Bernhardt v. PolygraphicSearch
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Byrd v. BlueSearch
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See Iovino v. WatersonSearch
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F.2d 41, 46-47 (C.A.2d Cir.1959), cert. denied sub nom. Carlin v. IovinoSearch
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Klaxon Co. v. StentorSearch
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Cf. Black & White Taxicab Co. v. BrownSearch
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See Guaranty Trust Co. of New York v. YorkSearch
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at 337 U. S. 538 . Similarly, a federal court's refusal to enforce the New Jersey rule involved in Cohen v. BeneficialSearch
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Cf. Monarch Insurance Co. of Ohio v. SpachSearch
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To the same effect, see Ragan v. MerchantsSearch
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U.S. Supreme Court Hanna v. PlumerSearch
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of Guaranty Trust Co. v. YorkSearch
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and Guaranty Trust Co. of New York v. YorkSearch
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