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COLGROVE v. BATTIN

No. 71-2546.

456 F.2d 1379 (1972)

Roland V. COLGROVE, Petitioner, v. Hon. James F. BATTIN, United States Distict Judge for the District of Montana, Billings Division, Respondent.

United States Court of Appeals, Ninth Circuit.

March 6, 1972.

Attorney(s) appearing for the Case

Roland V. Colgrove, Miles City, Mont., Lloyd J. Skedd, Helena, Mont., for petitioner.

Cale Crowley, of Crowley, Kilbourne, Haughey, Hanson & Gallagher, Dale F. Galles, of Harwood, Galles, Gunderson & Beiswanger, Billings, Mont., for respondent.

L. Morris Ormseth, of Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for real party in interest.

Before MERRILL, DUNIWAY and TRASK, Circuit Judges.

MERRILL, Circuit Judge.

Pursuant to the authority of Rule 83 of the Federal Rules of Civil Procedure,1 the District Court for the District of Montana promulgated its local Rule of Procedure 13(d)(1), effective September 1, 1971:

"A jury for the trial of civil cases shall consist of six persons * * *."

In Civil Case No. 783 in the District Court for the District of Montana, petitioner...

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