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Legislative history comes into play in Justice Brandeis' analysis b/c through the analysis of Swift v. Tyson and Black & White Taxicab Co. v. Brown & Yellow Taxicab Co. he shows the history that led up to his decision in Erie. In Swift the federal courts could and did follow their
own view of what the "general" common law was or should be, they were free to exercise an independent judgement as to what the common law of the state is. Because then the federal courts often applied common law rules different from the states laws different substantive rules could
be applied. Black and White taxi showed us that a P avoided a state common law rule by reincorporating in another state and then bringing a diversity action in federal court, which followed a different rule.