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R. G. BARRY CORP. v. MUSHROOM MAKERS, INC.

No. 193, Docket 79-7303.

612 F.2d 651 (1979)

R. G. BARRY CORPORATION, Plaintiff-Appellant, v. MUSHROOM MAKERS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Walter D. Ames, Washington, D. C., Watson, Cole, Grindle & Watson and Henry B. Roth, New York City, Herzfeld & Rubin, New York City, for plaintiff-appellant.

Leslie D. Taggart, New York City, Watson, Leavenworth, Kelton & Taggart, New York City, for defendant-appellee.

Before KAUFMAN, Chief Judge, SMITH and OAKES, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

In the early days of the Republic, it was perceived that a risk of litigation by a citizen of one state against a citizen of another state was such that the local prejudice of the litigating forum would prevail. Accordingly, since as far back as 1789, Congress has permitted out-of-state defendants sued in state courts to remove actions brought against them to a federal forum for adjudication on the merits.1

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