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here's the law...
"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.
And clearly Goffer's ideas about common law are the post-1938 blending of law and equity. So that in itself defines it as incompetent, even if people consent to that jurisdiction every day.
But I have to admit, things are perked up around here. Thanks for your writings Goffer. It took me a bit to come around.
Regards,
David Merrill.
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