Dovel v. Sloss-Sheffield Steel & Iron Co.

"[T]here is considerable question as to whether the jurisdictional waiver rule of Merchants Heat survived the enactment of the Federal Rules.” | "A defendant ... is no longer required at the door of the federal courthouse to intone that ancient abracadabra of the law, de bene esse, in order by its magic power to enable himself to remain outside even while he steps within."