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1 Vill. L. Rev. 201 (1956)
Manufacturing Federal Diversity Jurisdiction by the Appointment of Representatives: Its Legality and Propriety

handle is hein.journals/vllalr1 and id is 211 raw text is: Villanova Law Review VOLUME 1 MAY, 1956 NUMBER 2 MANUFACTURING FEDERAL DIVERSITY JURISDICTION BY THE APPOINTMENT OF REPRESENTATIVES: ITS LEGALITY AND PROPRIETY. DONALD S. COHAN AND MERCER D. TATE$. Introduction The subject of federal diversity jurisdiction, with the problems inherent therein, has been the object of research among legal scholars, constitutional fabricators and jurisprudential analysts since the incep- tion of our Constitution.' The subject of this Article is a very narrow segment of the diversity jurisdiction of the federal courts. The Article is limited to those controversies to which a representative has become a party after the primary activity of other persons has caused the controversy to arise. It will deal with executors, administrators, t A.B., 1951, Amherst College; LLB., 1954, Harvard University; Member, Phila- delphia Bar. t A.B., 1952, Amherst College; LLB., 1955, Harvard University; Member, Phila- delphia Bar. 1. FRANKFURTER AND LANDIS, THE BUSINESS OF THE SUPREME COURT 86-102, 136-41 (1928) ; Charles E. Clark, Diversity of Citizenship Jurisdiction of the Federal Courts, 19 A.B.A.J. 499 (1933) ; Yntema, The Jurisdiction of the Federal Courts in Controversies Between Citizens of Different States, 19 A.B.A.J. 71, 149, 265 (1933); Howland, Shall Federal Jurisdiction of Controversies Between Citizens of Different States Be Preservedf, 18 A.B.A.J. 499 (1932) ; Parker, The Federal Jurisdiction and Recent Attacks Upon It, 18 A.B.A.J. 433, 437-439 (1932) ; Morse, Judicial Self- Denial and Judicial Activism-The Personality of the Original Jurisdiction of The Federal District Courts, 3 CLEV.-MAR. L. REV. 101, 126 (1954) ; Frankfurter, Distribution of Judicial Power Between United States and State Courts, 13 CORNELL L.Q. 499, 520-530 (1928) ; McGovney, A Supreme Court Fiction: 1.1, 56 HARV. L. REV. 1225 (1943); Ball, Revision of Federal Diversity Jurisdiction, 28 ILL. L. REV. 356 (1933) ; Wechsler, Federal Jurisdiction and the Revision of the Judicial Code, 13 LAW & CONTEMP. PROB. 216, 234 (1948) ; Limiting Jurisdiction of Federal Courts -Comments by Members of Chicago University Law Faculty, 31 MICH. L. REV. 59 (1932) ; Frankfurter, A Note on Diversity Jurisdiction-In Reply to Professor Yntema, 79 U. PA. L. REV. 1097 (1931) ; Yntema and Jaffin, Preliminary Analysis of Concurrent Jurisdiction, 79 U. PA. L. REV. 869 (1931) ; Keeffe, Twenty Nine Dis- tinct Dainnations of the Federal Practice-and a National Ministry of Justice, 7 VAND. L. REV. 636, 655 (1954). (201)

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