Legal Opinion

Mrs. Lealon (Lois) Cooley, Individually and as Tutrix, on Behalf of Her Minor Children, Etc. v. Strickland Transportation Company

Court of Appeals for the Fifth Circuit

Decided June 20, 1972No. 71-2956PublishedCited by 20 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

The appellant challenges the validity of a local rule of a federal district court providing that a civil jury “shall con*780sist of six members”. The challenge relies on (1) the Seventh Amendment, (2) F.R.Civ.P. 48, and (3) 28 U.S.C. § 2072. We uphold the validity of the local rule. See Colgrove v. Battin, 9 Cir. 1972, 456 F.2d 1379 rejecting similar attacks on a local rule adopted by the District Court for the District of Montana providing that, “A jury for the trial of civil cases shall consist of six persons . . . See also Devitt, The Six Man Jury in the Federal Court, 53…

2Cases cited18 opinions

  1. Williams v. FloridaSupreme Court of the United States · 1970
  2. Patton v. United StatesSupreme Court of the United States · 1930
  3. Ross v. BernhardSupreme Court of the United States · 1969
  4. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
  5. Ex Parte PetersonSupreme Court of the United States · 1920

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3Cited by20 opinions

  1. Colgrove v. BattinSupreme Court of the United States · 1973
  2. United States v. Bryan Wilson TaylorCourt of Appeals for the Fifth Circuit · 1975
  3. Sheldon Whitehouse, in His Official Capacity as United States Attorney for the District of Rhode Island v. United States District Court for the District of Rhode Island, Sheldon Whitehouse, in His Official Capacity as United States Attorney for the District of Rhode Island v. Supreme Court of Rhode Island, Acting Chief Justice Joseph R. Weisberger, Florence K. Murray, Donald F. Shea, Victoria Lederberg and David D. Curtain, as Acting Chief Disciplinary Counsel, Sheldon Whitehouse, in His Official Capacity as United States Attorney for the District of Rhode Island v. United States District Court for the District of Rhode IslandCourt of Appeals for the First Circuit · 1995
  4. Alfred Wilson v. Nooter Corporation, and Third-Party v. The H. K. Ferguson Company, Third-PartyCourt of Appeals for the First Circuit · 1973
  5. Whitehouse v. United States District CourtCourt of Appeals for the First Circuit · 1995

15 more not listed; retrieve them via the Exa API.

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