COOLEY v. STRICKLAND TRANSPORTATION COMPANY

No. 71-2956.

459 F.2d 779 (1972)

Mrs. Lealon (Lois) COOLEY, Individually and as tutrix, on behalf of her minor children, etc., Plaintiff-Appellant, v. STRICKLAND TRANSPORTATION COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing June 20, 1972.


Attorney(s) appearing for the Case

J. Clem Drewett, Lake Charles, La., Paul A. Tucker, Powell, Tucker, Kain & Reedy, Houston, Tex., for plaintiff-appellant; Drewett & Jacques, Lake Charles, La., of counsel.

Allen L. Smith, Jr., Frank M. Brame, Lake Charles, La., Plauche, Smith & Hebert, for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


Rehearing and Rehearing En Banc June 20, 1972.

WISDOM, Circuit Judge:

The appellant challenges the validity of a local rule of a federal district court providing that a civil jury "shall consist 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...

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