Legal Opinion

Glen Gafford v. Star Fish & Oyster Company

Court of Appeals for the Fifth Circuit

Decided March 22, 1973No. 72-3638PublishedCited by 9 opinions

1Per curiam

Plaintiff challenges the manner in which trial court required him to exercise his peremptory challenges in this civil suit. The crux of his argument is that he was forced to exercise his challenges first, and that the Defendant was allowed to exercise his challenges thereafter with full knowledge of the Plaintiff’s choices.

The manner in which peremptory challenges are to be exercised is committed to the sound discretion of the trial Judge. 28 U.S.C.A. § 1870. See Nehring v. Empresa Lineas Maritimas Argentinas, 5 Cir., 1968, 401 F.2d 767; Carey v. Lykes Brothers Steamship Company, Inc., 5…

2Cases cited5 opinions

  1. United States v. Franklin Eugene Williams and James Edison WilliamsCourt of Appeals for the Fifth Circuit · 1971
  2. United States v. John Newton Sams A/K/A Adolphus John SamsCourt of Appeals for the Fifth Circuit · 1972
  3. United States v. Thomas W. FranklinCourt of Appeals for the Fifth Circuit · 1973
  4. Lester Nehring v. Empresa Lineas Maritimas ArgentinasCourt of Appeals for the Fifth Circuit · 1968
  5. Hurklee Carey v. Lykes Brothers Steamship Company, Inc., Defendants-Third-Party Plaintiffs-Appellees-Cross v. Ryan Stevedoring Company, Inc., Third-Party Defendant-Appellant-CrossCourt of Appeals for the Third Circuit · 1972

3Cited by9 opinions

  1. In Re Air Crash Disaster.Court of Appeals for the Sixth Circuit · 1996
  2. United States v. Fred M. MoselyCourt of Appeals for the Sixth Circuit · 1987
  3. Joanne Kotler, Individually and as Administratrix, Etc. v. The American Tobacco CompanyCourt of Appeals for the First Circuit · 1990
  4. Eastern Air Lines, Inc. v. GellertDistrict Court of Appeal of Florida · 1983
  5. United States v. Joseph Bryant, John Cagnina, Terry Lee AlvarezCourt of Appeals for the Eleventh Circuit · 1982

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