The following excerpt is from Evans v. Lynn, 537 F.2d 571 (2nd Cir. 1976):
26 See also Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205, 212, 93 S.Ct. 364, 34 L.Ed.2d 415 (1972) (White, J., concurring).
27 Its logic was questioned in Monaghan, Constitutional Adjudication: The Who and When, 82 Yale L.J. 1363, 1380--83 (1973).
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