B is precisely the carefully balanced interpretation required by Griffin.

The need to limit actions brought under the first part of Section 1985(2) is aptly demonstrated by the Third Circuit's opinion in Brawer. In that case, the court considered a claim that the defendants conspired to use perjured testimony and to conceal exculpatory evidence in order to influence the verdict of the jury. Jurisdiction was alleged under the first part of Section 1985(2). After holding that racial or class-based animus was not required, the Third Circuit found that other limitations existed to define the cause of action under Section 1985(2). "We understand the first part of § 1985(2) to concern itself with conspiratorial conduct that directly affects or seeks to affect parties, witnesses or grand or petit jurors. The allegations of this complaint are different in kind. At best, the allegation is that the conspiracy 'influenced' the jurors by precluding them from considering fully accurate evidence. We deem this 'influence' to be too remote to fit within the intended ambit of § 1985(2)." Brawer, supra, 535 F.2d at 840. See Brown v. Chaffee, 612 F.2d 497 (10th Cir. 1979). When applied to the allegations in this case, Brawer supports Judge Rubin's interpretation of clause B.

It is axiomatic that our analysis of statutory law "must begin with the language of the statute itself." Touche, Ross & Co. v. Redington, 442 U.S. 560, 568, 99 S.Ct. 2479, 2485, 61 L.Ed.2d 82 (1979); Santa Fe Industries, Inc. v. Green, 430 U.S. 462, 472, 97 S.Ct. 1292, 1300, 51 L.Ed.2d 480 (1977). The plain meaning of the word "attend" supports Judge Rubin's interpretation. Attend, simply put, means "to be present at." Webster's Third International Dictionary 140 (3d Ed. 1961).

Also, consideration of the legislative history supports the view that Congress in

2. While the majority and Judge Rubin separated Section 1985(2) into four subparts, other courts and commentators have considered Section 1985(2) as being divided into two parts separated by the semi-colon appearing in the middle of the Section. The first part, encompassing clauses A and B in the majority's structure, concern conspiracies against persons with

tended the word "attend" to be given its ordinary meaning. Passage of the Ku Klux Klan Act was "motivated by a desire to prevent and punish acts of terror or intimidation that threatened the attempt to create a political environment hospitable to equality." Comment, A Construction of Section 1985(c) in Light of Its Original Purpose, 46 U.Chi.L. Rev. 402, 405 (1979). In light of the actual acts of violence that threatened the sanctity of federal courts, Congress meant Section 1985(2) to protect a party based on his physical presence while attending or testifying in court. In this case, no allegations were made that plaintiffs were injured because they attended or testified in federal court. Given the background of violence and direct intimidation prevalent at the time of the original passage of Section 1985(2) the majority nevertheless and without any specific reference to Congressional history, finds that Congress intended to create a federal tort remedy for an employer's economic use of public information relating to the filing of federal lawsuits. Section 1985(2) was not designed as a vehicle to remedy such allegedly tortious acts of employers against employees pursuing workmen's compensation claims. Rather, it was intended to protect against direct violations of a party's right to attend or testify in federal court. This clear Congressional purpose is best served by construing the statutory language in its ordinary meaning so that only direct interference with the federal courts is prohibited in accordance with the general concerns enunciated by Griffin. Accordingly, I dissent from the majority's construction of clause B of Section 1985(2).

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respect to federal courts, whereas the second part, involving clauses C and D in the majority's analysis, concerns conspiracies in relation to state courts. See generally Comment, Private Actions Under 42 U.S.C. § 1985(b) for Conspiracies to Impede the Due Course of Justice, 27 Kansas L. Rev. 621, 625 (1979).