United States Supreme Court Cases & Opinions

U.S. Supreme Court

Colgrove v. Battin, 413 U.S. 149 (1973)

Colgrove v. Battin

No. 71-1442

Argued January 17, 1973

Decided June 21, 1973

413 U.S. 149

Syllabus

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. 413 U. S. 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. 413 U. S. 165. MARSHALL, J., filed a dissenting opinion, in which STEWART, J., joined, post, p. 413 U. S. 166. POWELL, J., filed a dissenting opinion, post, p. 413 U. S. 188.