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).

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