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MYERS v. UNITED STATES DIST. COURT, ETC.

No. 79-7517.

620 F.2d 741 (1980)

Larry E. MYERS, aka L. E. Myers, Petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF MONTANA, Respondent, and John Hancock Mutual Life Insurance Company, a corporation, et al., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

June 9, 1980.

Attorney(s) appearing for the Case

Stephen C. Mackey, Towe, Ball, Enright & Mackey, Billings, Mont., argued, for petitioner.

Sidney R. Thomas, Billings, Mont., argued, for Real Parties in Interest.

Before HUG, FLETCHER and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

Petitioner Larry Myers is requesting that this court issue a writ of mandamus directing United States District Judge James Battin to afford Myers a jury trial in his action against John Hancock Mutual Life Insurance Company. Judge Battin denied Myers a jury on the grounds that Myers' jury demand had been untimely and that the issues involved did not require a jury. We order the writ to issue.

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