FRANQUEZ v. UNITED STATES

No. 78-2370.

604 F.2d 1239 (1979)

Maria Torres FRANQUEZ, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Joaquina Mendiola PALOMO, Does I-X and Estate of Doe, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Delfina Cruz CRUZ, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Felicita Santos SAN NICOLAS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Juan C. MATERNE a/k/a Juan Materne Materne and Potenciana Cruz Materne, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 24, 1979.


Attorney(s) appearing for the Case

Robert L. Klarquist, Dept. of Justice, Washington, D.C. (argued), John J. Zimmerman, Dept. of Justice, Washington, D.C., on brief.

John A. Bohn, Agana, Guam (argued), Charles P. Starkey, Agana, Guam, on brief.

Before ELY, and SNEED, Circuit Judges, and FITZGERALD, District Judge.


FITZGERALD, District Judge:

This consolidated appeal comes before us on limited record and presents a narrow issue for review. The district court denied motions made by the United States to strike plaintiffs' demands for a jury trial and granted trial by jury on the issue of fair compensation in cases brought under Section 204 of the Omnibus Territories Act of 1977.1 The district court certified its interlocutory order for immediate appeal...

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