4. Does 28 U.S.C. 1359 prevent using assignment to destroy diversity of citizenship, and so to...
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4. Does 28 U.S.C. § 1359 prevent using assignment to destroy diversity of citizenship, and so to block defendant’s removal of an action from state to federal court? The Fifth Circuit has held that “[b]ecause of their similarity, assignments which destroy diversity and assignments which create diversity should be analyzed under the same standard.” Grassi v. Cib-Geigy, Ltd., 894 F.2d 181, 184 (5th Cir. 1990). Does the text of the statute support this result?
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff
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