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FONDREN v. ALLSTATE INS. CO.

No. 85-7544.

790 F.2d 1533 (1986)

R.V. FONDREN and Doris Fondren, Plaintiffs-Appellees, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 1986.

Attorney(s) appearing for the Case

Michael B. Beers, Miller & Beers, Montgomery, Ala., Julian P. Hardy, Jr., Year-out, Hardy & Myers, Birmingham, Ala., for defendant-appellant.

Clarence T. Hellums, Jr., Hellums & Meigs, Jack W. Meigs, Centreville, Ala., for plaintiffs-appellees.

Before VANCE and JOHNSON, Circuit Judges, and BOWEN, District Judge.

VANCE, Circuit Judge:

The seventh amendment provides that "the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law." U.S. Const.amend. VII. The amendment "expresses in clear terms the principle that facts once found by a jury in the context of a civil trial are not to be reweighed and a new trial granted

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