Colgrove v. Battin
Supreme Court of the United States
Colgrove v. Battin, U.S. District Judge
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 71-1442. Argued: January 17, 1973 --- Decided: June 21, 1973
Local federal court rule providing that a jury for the trial of civil cases shall consist of six persons comports with the Seventh Amendment requirement and the coextensive statutory requirement of 28 U.S.C. § 2072 that the right of trial by jury be preserved in suits at common law, and is not inconsistent with Fed. Rule Civ. Proc. 48 that deals only with parties' stipulations regarding jury size. Pp. 151-164.
456 F.2d 1379, affirmed.
BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, in which POWELL, J., joined, post, p. 165. MARSHALL, J., filed a dissenting opinion, in which STEWART, J., joined, post, p. 166. POWELL, J., filed a dissenting opinion, post, p. 188.
Lloyd J. Skedd argued the cause and filed a brief for petitioner.
Cale Crowley argued the cause and filed a brief for respondent.[1]
- ↑ Briefs of amici curiae were filed by William A. Wick, Alston Jennings, and John C. Elam for the International Association of Insurance Counsel; by Joseph W. Cotchett, David Daar, Leonard Sacks, Siegfried Hesse, Edward I. Pollock, Theodore A. Horn, and Marvin E. Lewis for the California Trial Lawyers Assn.; by Leonard Boudin and Alan Scheflin for the National Emergency Civil Liberties Committee; and by the Nooter Corp.