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WINSBY v. JOHN OSTER MANUFACTURING CO.

No. 72-1256.

482 F.2d 276 (1973)

C. Merritt WINSBY, Appellant, v. JOHN OSTER MANUFACTURING CO. and Gimbel Brothers, Inc.

United States Court of Appeals, Third Circuit.

Decided June 28, 1973.

Attorney(s) appearing for the Case

T. Lawrence Palmer, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for appellant.

Kim Darragh, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellees.

Before BIGGS and GIBBONS, Circuit Judges and HUYETT, District Judge.

Submitted February 6, 1973 under Third Circuit Rule 12(6).

OPINION OF THE COURT

PER CURIAM:

In this products liability suit,1 plaintiff was required, despite timely objection, to proceed to trial before a six-man jury per force of local Rule 21(C) of the United States District Court for the Western District of Pennsylvania.2 The jury returned a verdict in favor of defendants, judgment was...

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