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EBKER v. TAN JAY INTERN., LTD.

Nos. 1178, 1171 and 1177, Dockets 81-7854, 84-7032 and 84-7060.

739 F.2d 812 (1984)

Nancy EBKER, Plaintiff-Appellant, Cross-Appellee, v. TAN JAY INTERNATIONAL, LTD. and Peter J. Nygard, Defendants-Appellees, Tan Jay International, Ltd., Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 17, 1984.

Attorney(s) appearing for the Case

Debra A. Roth, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff-appellant, cross-appellee.

John F. Triggs, Slade & Pellman, New York City, for defendants-appellees and cross-appellant.

Before FRIENDLY and WINTER, Circuit Judges, and LASKER, Senior District Judge.

FRIENDLY, Circuit Judge:

This case is a further illustration, if one were needed, of the unwisdom of continuing diversity jurisdiction, 28 U.S.C. § 1332, and particularly that portion of the diversity statute permitting such jurisdiction to be invoked by an in-state plaintiff.1 There is no federal interest in this lawsuit except for that engendered by the disregard by trial counsel of a federal procedural rule; it is the kind of case...

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