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Hanna v. Plumer - Hanna v Plumer 380 U.S 460(1965 Fact...

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Hanna v. Plumer 380 U.S. 460 (1965) Fact: Operative Facts: In the case, the plaintiff had served the party by leaving the complaint at the defendant’s place of abode with his wife. The Plaintiff sued in federal court under the diversity of citizenship, and defendant argued that under state law, that notice was given improperly because state law deems that it must be hand served to the defendant. The serve only met the conditions of the federal procedures, not the state law’s. Both were substantially important. Issue: Whether the district courts are obligated to use State laws over federal laws Rule: The state laws applies over federal procedures only when the federal rules do not cover a procedure, and the state law does. Rational: The outcome test made in Erie must be looked, by looking at both the discouragement of forum-shopping, and avoidance of inequitable administration of the law. The Federal procedure trumps the state law because it is a federal court, and they can apply such power. The use of state law is applied against the federal procedures only if the federal law was too broad or
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