· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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