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28 U.S.C. section 2d Cir 3B MOORE 5th Cir 7A WRIGHT adverse party Advisory Committee Note affidavits amended answer Antitrust application asserted attorney cert Civil Procedure class action clerk complaint copy Corp counsel counterclaim court of appeals cross claim defendant denied deponent deposition determine discovery discretion dismissal district court diversity jurisdiction diversity of citizenship documents evidence examination facts failure federal court Federal Rules filed granted hearing interpleader interrogatories INVOLUNTARY DISMISSAL issues joinder judicial jurisdiction jury limited litigation magistrate ment motion notice objection officer party served party's pending permit person personal jurisdiction plaintiff pleading pretrial conference proceedings protective order provides questions reasonable record relief requests for admissions response Rule 16 Rule 34 Rules of Civil service of process specific statement statute subdivision subject matter subpoena summary judgment Supp supra note testimony third-party tion transfer trial United venue witness WRIGHT & MILLER