Legal Opinion
Poston v. United States
District Court, D. Hawaii
Decided December 28, 1966No. Civ. 2345PublishedCited by 10 opinions
1Opinion of the Court
DECISION
PENCE, Chief Judge.
This is a diversity action brought under the Federal Tort Claims Act, 28 U.S.C.A., Sections 1346(b) and 2671 et seq. The plaintiff has demanded a jury trial on issues relating to the liability of the defendants other than the United States.
During the course of pre-trial proceedings before visiting Senior Judge William C. Mathes from the Southern District of California, the question was raised: May the court pursuant to Federal Rule of Civil Procedure 39(c) 1 order the trial jury, while making findings of fact as to the defendants other than the United States, to…
2Cases cited5 opinions
- (AMERICAN) LUMBERMENS MUT. CAS. CO. v. Timms & HowardCourt of Appeals for the Second Circuit · 1939
- James M. Walker v. United States Gypsum Company, and Third-Party and Coley & Peterson, Incorporated, Third-PartyCourt of Appeals for the Third Circuit · 1959
- Hiram M. Reed, Laura M. Reed, a Widow, and Hiram M. Reed, as and Testamentary Trustee of the Estate of D.C. Reed, Deceased v. Riddle AirlinesCourt of Appeals for the Fifth Circuit · 1959
- Schetter v. Housing Authority of the City of ErieDistrict Court, W.D. Pennsylvania · 1955
- Walling v. Richmond Screw Anchor Co.District Court, E.D. New York · 1943
3Cited by10 opinions
- Birnbaum v. United StatesDistrict Court, E.D. New York · 1977
- Wright v. United StatesDistrict Court, D. Montana · 1978
- In Re Air Crash Disaster at Metropolitan AirportDistrict Court, E.D. Michigan · 1984
- Coffland v. United StatesDistrict Court, N.D. West Virginia · 1972
- Lentz v. Freeman Associates Caribbean, Inc.District Court, Virgin Islands · 1977
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