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ARCIERI v. ERIE LACKAWANNA RAILWAY COMPANY

No. 72-1872.

484 F.2d 451 (1973)

Louis F. ARCIERI, Plaintiff-Appellee, v. The ERIE LACKAWANNA RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1973.

Attorney(s) appearing for the Case

Robert C. McFadden, Arter & Hadden, Cleveland, Ohio, for defendant-appellant.

Harold H. Sayre, Metzenbaum, Gaines, Finley & Stern, Cleveland, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

The validity of a six-member jury, prescribed by a local District Court rule, is challenged on this appeal for the first time in this Circuit. The case was tried before a jury of six. Neither party requested a six member jury nor agreed to it.

In Colegrove v. Battin, 413 U.S. 149, 93 S.Ct. 2448, 37 L.Ed.2d 522 (June 21, 1973), the Supreme Court held that a local court rule providing that a jury for the trial of civil...

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