Eighth Circuit· 6/15/1981

Fields Engineering & Equipment, Inc. v. Cargill, Inc.

Citations

651 F.2d 589
31 Fed. R. Serv. 2d 1280
1981 U.S. App. LEXIS 12321

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding that parties had sufficiently waived the right to jury trial under Rule 39(a) where pretrial order explicitly recited parties’ waiver of jury trial during pretrial conference
recognizing the presumption “that the trial court considered only competent evidence and disregarded all evidence which was incompetent” (quoting Montgomery Ward & Co. v. Steele, 352 F.2d 822, 830 (8th Cir. 1965))
holding an oral waiver of trial by jury during pretrial conference is sufficient
\It is immaterial that the pretrial conference itself was not on the record. The agreement to waive a jury ... was recorded in the pretrial order.\
“It is immaterial that the pretrial conference itself was not on the record. The agreement to waive a jury ... was recorded in the pretrial order.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lay, Stephenson, Arnold

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Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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