RUSH v. SMITH

No. 93-3585.

56 F.3d 918 (1995)

Timothy RUSH, Appellant, v. James SMITH, Silas Hardison, David Robbins, James Conway, Rita Krapf, Nesby Moore, Vincent Schoemehl, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1995.


Attorney(s) appearing for the Case

Kenneth Dick, St. Louis, MO, argued for (Donald Singer, on the brief).

James J. Wilson, St. Louis, MO, argued for appellees (Ronnie L. White, on the brief).

Before RICHARD S. ARNOLD, Chief Judge, and McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, En Banc.


McMILLIAN, Circuit Judge.

Timothy Rush appeals from a final order entered in the district court for the Eastern District of Missouri denying his post-trial motions for a new trial or default judgment in this civil rights action brought under 42 U.S.C. § 1983. For reversal, Rush argues the trial judge erred in (1) dismissing the sole African-American juror, (2) making prejudicial comments to the jury, (3) denying his motions...

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