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DIETZ v. BOULDIN

No. 13-35377.

794 F.3d 1093 (2015)

Rocky DIETZ, Plaintiff-Appellant, v. Hillary BOULDIN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2015.

Attorney(s) appearing for the Case

Geoffrey C. Angel (argued), Angel Law Firm, Bozeman, MT, for Plaintiff-Appellant.

John F. Bohyer and Jesse Beaudette (argued), Bohyer, Erickson, Beaudette & Tranel PC, Missoula, MT, for Defendant-Appellee.

Before: RAYMOND C. FISHER, CARLOS T. BEA and MARY H. MURGUIA, Circuit Judges.

OPINION

We consider, as a matter of first impression in this circuit, whether a jury can be recalled shortly after it has been ordered discharged. Joining the majority of circuit courts to have decided the issue, we hold a district court may re-empanel a jury shortly after dismissal, but only if, during the period...

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