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SOMLYO v. J. LU-ROB ENTERPRISES, INC.

No. 932, Docket 90-7551.

932 F.2d 1043 (1991)

Roy A. SOMLYO, Plaintiff-Appellant, v. J. LU-ROB ENTERPRISES, INC.; and Louis G. Bond, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 9, 1991.

Attorney(s) appearing for the Case

David M. Somlyo, New York City (John J. Witmeyer III, Ford Marrin, Esposito & Witmeyer, of counsel) for plaintiff-appellant.

Koteles Alexander, Silver Spring, Md. (Stephanie Y. Bradley, Gartrell & Alexander, of counsel), for defendants-appellees.

Before OAKES, Chief Judge, and CARDAMONE and WALKER, Circuit Judges.

OAKES, Chief Judge:

Diversity of citizenship jurisdiction is permitted by Article III of the federal Constitution and statutes promulgated thereunder in order to protect the citizens of one state from "local prejudice" — unfair discrimination by courts of another state. Under 28 U.S.C. § 1441, diversity cases are removable to federal court if certain requirements are met. This case presents a novel question of civil procedure that inverts the semantic...

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