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WINSBY v. JOHN OSTER MANUFACTURING CO.

Civ. A. No. 69-171.

336 F.Supp. 663 (1972)

C. Merritt WINSBY, Plaintiff, v. JOHN OSTER MANUFACTURING CO. and Gimbel Brothers, Inc., Defendants.

United States District Court, W. D. Pennsylvania.

January 17, 1972.

Attorney(s) appearing for the Case

J. N. Poffinberger, Jr., Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for plaintiff.

Kim Darragh, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for defendants.

OPINION

DUMBAULD, District Judge.

Plaintiff in this case did not stipulate to accept, but made timely objection against, trial of the case by a jury of six, as provided for in a local rule of this Court.

The writer of this opinion voted against adoption of said local rule, upon the ground that prudence dictated awaiting a square holding by the Supreme Court of the United States sustaining the validity of such an innovation in the trial of civil and...

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