The following excerpt is from Cutlass Productions, Inc. v. Bregman, 682 F.2d 323 (2nd Cir. 1982):
We reserve for another day the issue of whether the district court's decision to order an accounting violated defendants' rights under the Seventh Amendment. Nevertheless, we note the district court incorrectly addressed that question solely as one of New York law. The question was and is one "to be determined as a matter of federal law" even though jurisdiction was predicated upon the diversity of citizenship statute. See e.g., Simler v. Conner, 372 U.S. 221, 222, 83 S.Ct. 609, 610, 9 L.Ed.2d 691 (1963) (per curiam).
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