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TIMMEL v. PHILLIPS

No. 86-1115. Summary Calendar.

799 F.2d 1083 (1986)

Robert F. TIMMEL, Plaintiff-Appellant, v. Lyman PHILLIPS, M.D., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1986.

Attorney(s) appearing for the Case

W. David Allen, Washington, D.C., for plaintiff-appellant.

Kirk P. Watson, Daniel W. Bishop, II, Austin, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GARWOOD, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

The appeal of this malpractice suit involves a constitutional challenge to the jury selection procedure used in the United States District Court, Austin Division, of the Western District of Texas. Appellant Robert F. Timmel claims that the petit jury panel from which his jury was chosen was not fairly representative of a cross-section of the community,1 and therefore the district court erred in not allowing...

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