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FRANK v. GOLDEN VALLEY ELEC. ASS'N, INC.

No. S-1803.

748 P.2d 752 (1988)

Michael D. FRANK, Appellant, v. GOLDEN VALLEY ELECTRIC ASSOCIATION, INC., Appellee.

Supreme Court of Alaska.

January 22, 1988.

Attorney(s) appearing for the Case

Charles W. Coe, Smith, Coe & Patterson, Anchorage, for appellant.

Constance A. Cates, Call, Barrett & Burbank, Fairbanks, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

In this appeal we are asked to determine whether failure to file jury instructions within the time mandated by a pretrial order amounts to a waiver of the right to trial by jury as guaranteed under article I, section 16 of the Alaska Constitution. We conclude that it does not, and remand the case for retrial of all issues before a jury.

I. FACTUAL BACKGROUND

On October 16, 1984, appellant, Michael Frank, filed suit...

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