Erie Railroad Company v. Tompkins

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Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)
by the Supreme Court of the United States

Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a decision by the Supreme Court of the United States in which the Court held that federal courts did not have the judicial power to create general federal common law when hearing state law claims under diversity jurisdiction. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts.

Excerpted from Erie Railroad Company v. Tompkins on Wikipedia, the free encyclopedia.

United States Supreme Court

304 U.S. 64

Erie Railroad Co.  v.  Tompkins

Certeriori to the Circuit Court of Appeals for the Second Circuit

No. 367  Argued: Jan. 31, 1938. --- Decided: April 25, 1938

Court Documents
Dissenting Opinion

Messrs. Theodore Kiendl, Harold W. Bissell, and William C. Cannon, all of New York City, for petitioner.

[Argument of Counsel from pages 65-67 intentionally omitted]

Messrs. Fred H. Rees, Alexander L. Strouse, and Bernard G. Nemeroff, all of New York City (Bernard Kaufman and William Walsh, both of New York City, and Aaron L. Danzig, of Jamaica, L.I., on the brief) for respondent.

[Argument of Counsel from Page 68 intentionally omitted]

Mr. Justice BRANDEIS delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).