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WILLIAMS v. FARMERS AND MERCHANTS INSURANCE CO.

Nos. 71-1369, 71-1371.

457 F.2d 37 (1972)

Julius T. WILLIAMS and I. Oleta Williams, Appellants, v. FARMERS AND MERCHANTS INSURANCE COMPANY and Henry Insurance Agency, Appellees.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied April 4, 1972.

Attorney(s) appearing for the Case

Sam Sexton, Jr., Fort Smith, Ark., for appellants.

James E. West, Daily, West, Core & Coffman, Fort Smith, Ark., for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON, Circuit Judge, and REGISTER, Senior District Judge.

STEPHENSON, Circuit Judge.

Both sides appeal from rulings made by Judge Miller below. The facts are fully and well-stated in the two trial court decisions in this case and are reported at 327 F.Supp. 1109 (W.D.Ark. 1971) and 51 F.R.D. 211 (W.D.Ark. 1971). They will be restated only as related to the issues in this appeal.

Appellants urge that the trial court erred in its denial of their motion for a jury trial. We agree...

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