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PAINTER v. FRED WHITAKER CO.

Record No. 850268.

369 S.E.2d 191 (1988)

James W. PAINTER v. FRED WHITAKER COMPANY.

Supreme Court of Virginia.

June 10, 1988.

Attorney(s) appearing for the Case

S.D. Roberts Moore (Guy M. Harbert, III, Gentry, Locke, Rakes & Moore, Roanoke, on briefs), for appellant.

John T. Jessee (Thomas T. Lawson, Bradley W. Fitzgerald, Woods, Rogers & Hazlegrove, Roanoke, on brief), for appellee.

Present: All the Justices.

WHITING, Justice.

The dispositive issue in this appeal involves a civil litigant's right to withdraw his prior consent to a trial by a special three-member jury under Code § 8.01-359(D).

In February 1981, James W. Painter, a vice president and long-time employee of Fred Whitaker Company (Whitaker), a yarn dying company, severed all his connections with Whitaker. Whitaker sued Painter in March 1981, claiming that while Painter

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