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Henry J. Friendly, In Praise of Erie —And of the New Federal Common Law , 39 N.Y.U. L. R EV . 383, 421 (1964) 1) spontaneous generation as in the cases of government contracts or interstate controversies.

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The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

1) spontaneous generation as in the cases of government contracts or interstate controversies


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

  • Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

  • 1) spontaneous generation as in the cases of government contracts or interstate controversies

  • implication of a private federal cause of action from a statute providing other sanctions


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

  • Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

  • 1) spontaneous generation as in the cases of government contracts or interstate controversies

  • implication of a private federal cause of action from a statute providing other sanctions

  • construing a jurisdictional grant as a command to fashion federal law


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

  • Henry J. Friendly, In Praise of Erie—And of the New Federal Common Law, 39 N.Y.U. L. REV. 383, 421 (1964)

  • 1) spontaneous generation as in the cases of government contracts or interstate controversies

  • implication of a private federal cause of action from a statute providing other sanctions

  • construing a jurisdictional grant as a command to fashion federal law

  • the normal judicial filling of statutory interstices.


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

The Judiciary Act of 1789, § 34, 1 Stat. 73, 92 (Sept. 24, 1789)

SEC. 34. And be it further enacted, That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

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The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

B 1789)IG F D


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

B 1789)IG FEDERAL D


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

B 1789)IG FEDERAL DEAL


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

United States v. Kimbell Foods, Inc. 1789)

District Court: federal law


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

United States v. Kimbell Foods, Inc. 1789)

District Court: federal law, tax rules


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

United States v. Kimbell Foods, Inc. 1789)

District court: federal law, tax rules

Circuit court: federal law,


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

United States v. Kimbell Foods, Inc. 1789)

District court: federal law, tax rules

Circuit court: federal law, new rules


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

United States v. Kimbell Foods, Inc. 1789)

District court: federal law, tax rules

Circuit court: federal law, new rules

Supreme Court: federal law,


The judiciary act of 1789 34 1 stat 73 92 sept 24 1789

United States v. Kimbell Foods, Inc. 1789)

District court: federal law, tax rules

Circuit court: federal law, new rules

Supreme Court: federal law, state rules