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FLETCHER v. McCREARY TIRE AND RUBBER CO.

No. 85-4149 Summary Calendar.

773 F.2d 666 (1985)

Stanley Ray FLETCHER, Plaintiff-Appellant, v. McCREARY TIRE AND RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1985.

Attorney(s) appearing for the Case

Cupit & Maxey, Danny E. Cupit, Jackson, Miss., for plaintiff-appellant.

Watkins & Eager, Michael W. Ulmer, Jackson, Miss., for defendant-appellee.

Before RUBIN, JOHNSON and JONES, Circuit Judges.

JOHNSON, Circuit Judge:

Plaintiff Stanley Ray Fletcher contends that the trial court erred in requiring Fletcher to try this action before a jury composed of only eleven members. The presiding magistrate1 denied Fletcher's motion for a new trial after the eleven-member jury returned an unanimous verdict for the defendant McCreary Tire and Rubber Company ("McCreary"). This Court holds that the trial court did not err in proceeding to trial...

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