PADGETT v. BUXTON-SMITH MERCANTILE COMPANY

No. 6405.

283 F.2d 597 (1960)

Charles W. PADGETT, Appellant, v. BUXTON-SMITH MERCANTILE COMPANY and Floyd R. Ehrmann, Appellees.

United States Court of Appeals Tenth Circuit.

November 2, 1960.


Attorney(s) appearing for the Case

Eugene E. Klecan, Albuquerque, N. M. (William J. Bingham, Albuquerque, N. M., was with him on the brief), for appellant.

James C. Ritchie, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., was with him on the brief), for appellees.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this automobile accident case, with jurisdiction resting on diversity, the ground for appeal from the judgment entered upon a jury verdict in favor of the defendants is the denial of appellant-plaintiff's challenge to the jury array because of the alleged exclusion therefrom of persons in the social and economic status of the plaintiff, a manual laborer and wage earner. The challenge is to the array, i. e., the entire group of individuals...

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