Colgrove v. Battin

Local Rule 13(d)(1) of the Revised Rules of Procedure of the United States District Court for the District of *150Montana provides that a jury for the trial of civil cases shall consist of six persons.1 When respondent District Court Judge set this diversity case for trial before a jury of six in compliance with the Rule, petitioner sought mandamus from the Court of Appeals for the Ninth Circuit to direct respondent to impanel a 12-mem-ber jury. Petitioner contended that the local Rule (1) violated the Seventh Amendment;2 (2) violated the statutory provision, 28 U. S. C. § 2072, that rules “shall…