Legal Opinion
Higgins v. Boeing Co.
Court of Appeals for the Second Circuit
Decided December 15, 1975No. 670, Docket 75-3070PublishedCited by 64 opinions
1Per curiam
This is an application for a writ of mandamus under Fed.R.App.P. 21 directing the District Court, Robert L. Carter, Judge, to conduct the trial of this consolidated case by jury. In addition, petitioners seek a stay.
The consolidated actions were filed initially in April, 1968, in state court and removed to federal court on May 20, 1968, with no “note of issue” being filed under state law.1 They are brought by two helicopter pilots for damages for personal injuries resulting from an accident and products liability is asserted. No demand for jury trial was made in state or federal court but the…
2Cases cited5 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
- Goldman, Sachs & Co. v. Honorable David N. Edelstein, U.S. D.J., and the Franklin Savings Bank in the City of New YorkCourt of Appeals for the Second Circuit · 1974
- Mcgregor Boulevard Church Of Christ v. WallingCourt of Appeals for the Fifth Circuit · 1970
3Cited by64 opinions
- Jerome R. Lewis v. Time IncorporatedCourt of Appeals for the Ninth Circuit · 1983
- Westchester Day School v. Village of MamaroneckCourt of Appeals for the Second Circuit · 2007
- Lisette Cascone v. Ortho Pharmaceutical CorporationCourt of Appeals for the Second Circuit · 1983
- First Fidelity Bank, N.A. v. Hooker Investments, Inc. (In re Hooker Investments, Inc.)Court of Appeals for the Second Circuit · 1991
- David Raymond v. International Business MacHines Corp.Court of Appeals for the Second Circuit · 1998
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