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adjudication affirmed alleged ancillary jurisdiction answer appellate court apply assert assumpsit attorney burden cause of action certiorari Circuit Citations omitted Civil Procedure claim common law complaint constitutional contract controversy Corp corporation counsel counterclaim Court of Appeals damages decided decision defendant defendant's denied directed verdict discovery dismiss dispute district court diversity jurisdiction diversity of citizenship due process effect enforce equity Erie error Evidence Rule fact federal courts Federal Rules filed granted held injunction injury interrogatories issue judgment judicial jurisdiction jurors jury trial Justice lawyer liability limitations litigation matter ment motion negligence opinion party petitioner plaintiff pleading pretrial proceedings Professor of Law proof question reason relief remedy Rules of Civil S.Ct service of process Seventh Amendment statement statute substantial suit supra Supreme Court testimony tion trespass trial by jury trial court trial judge United University witness writ York