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Q: Under the holding of Erie, why is it constitutional for federal courts
hearing diversity cases to apply Fed.R.Civ.P. 23 regarding mandatory disclosure
of certain facts, rather than state law?
A: According to Erie, federal courts had to apply state
law to substantive matters, but not to procedural matters. Perhaps
FRCP is merely procedural or maybe a thin line exists between what is procedural
versus what is substantive.