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Colgrove v. Battin

United States Supreme Court
413 U.S. 149 (1973)


Facts

Battin (defendant), a federal district court judge, set Colgrove’s (plaintiff) civil diversity case for trial before a jury of six members in compliance with local Rule 13(d)(1) of the Revised Rules of Procedure of the United States District Court for the District of Montana. Colgrove contended that the local Rule violated the Seventh Amendment and sought mandamus from the Court of Appeals for the Ninth Circuit to compel Battin to impanel a 12-member jury. The Court of Appeals rejected Colgrove’s argument and sustained the validity of local Rule 13(d)(1). Colgrove appealed on the grounds that the Seventh Amendment demands that a jury contain 12 members.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

Dissent (Marshall, J.)

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