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SCHERLING v. KILGORE

No. 5088.

599 P.2d 1352 (1979)

Laura M. Cano SCHERLING, Individually and as personal representative of Louis F. Herrera, Deceased, Donna M. Herrera, Deceased, Gregory Cano, Deceased, and as next friend of Amy Marie Cano, Roseann L. Herrera, Louis E. Herrera, minors, and Leonard K. Herrera, Appellants (Plaintiffs), v. Charles Clinton KILGORE and Charles Martin Kilgore, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied October 24, 1979.

Attorney(s) appearing for the Case

Greg L. Goddard, Buffalo (argued), and Roger D. Bush, Dallas, Tex., for appellants (plaintiffs).

Terry W. Mackey, Cheyenne, signed the brief and appeared in oral argument on behalf of the appellees (defendants).

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

RAPER, Chief Justice.

This appeal has as its central issue a question concerning a party's right to jury trial under Rules 38 and 39, W.R.C.P., where demand for jury is untimely made. The district court denied plaintiffs'-appellants' motion for jury trial which was made approximately one year and 75 days after the service of the last pleading. After trial to the court, the district judge made findings of fact and conclusions...

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