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POSTON v. UNITED STATES

Civ. No. 2345.

262 F.Supp. 22 (1966)

Terrance I. POSTON, a citizen of Alaska, Plaintiff, v. The UNITED STATES of America, Hawaiian Electric Company, Inc., a Hawaii corporation, and George Okano Electrical Service, Ltd., a Hawaii corporation, Defendants.

United States District Court D. Hawaii.

December 28, 1966.

Attorney(s) appearing for the Case

Joseph Ryan, Honolulu, Hawaii, for plaintiff.

Herman T. F. Lum, U. S. Atty., Yoshimi Hayashi, Asst. U. S. Atty., D. Hawaii, Honolulu, Hawaii, for the United States.

Richard E. Stifel, Anderson, Wrenn & Jenks, Honolulu, Hawaii, for Hawaiian Electric Co., Inc.

Dennis O'Connor, Robertson, Castle & Anthony, and Walter G. Chuck, Honolulu, Hawaii, for George Okano Electrical Service, Ltd.

DECISION

PENCE, Chief Judge.

This is a diversity action brought under the Federal Tort Claims Act, 28 U.S.C.A., Sections 1346(b) and 2671 et seq. The plaintiff has demanded a jury trial on issues relating to the liability of the defendants other than the United States.

During the course of pre-trial proceedings before visiting Senior Judge William C. Mathes from the Southern District of California, the question was raised: May the court pursuant...

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