Skip to main content
· 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

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.