Novack Investment Company, Etc. v. Chester W. Setser

C. A. 8th Cir. Certiorari denied.

Opinion of

Justice Stevens

respecting the denial of the petition for writ of certiorari.

In suggesting that the Court is derelict in its duty to resolve the apparent conflict between the decision of the Court of Appeals in this case and the decision of the Sixth Circuit in Moore v. Sun Oil Co. of Pennsylvania, 636 F. 2d 154 (1980), the dissenting opinion fails to mention the fact that both courts held that the issue of liability should be decided by a jury.* The question whether the arithmetical calculation of backpay should be made by a judge or by a jury under…