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Q: How does legislative history come into play in Justice Brandeis'
A: J. Brandeis finds the research done by a scholar who examined the
original document to have great weight in establishing that the
construction given by the Court as mistaken. Research on teh original
document shows that the purpose of Section 34 was merely to make sure
that federal courts exercising jurisdiction in diversity of citizenship
cases would apply as their rules of decision the law of the State,
unwritten as well as written.