Myers v. United States District Court for District of Montana

620 F.2d 741 Larry E. MYERS, aka L. E. Myers, Petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF MONTANA, Respondent, and John Hancock Mutual Life Insurance Company, a corporation, et al., Real Parties in Interest. No. 79-7517. United States Court of Appeals, Ninth Circuit. June 9, 1980. Stephen C. Mackey, Towe, Ball, Enright & Mackey, Billings, Mont., argued, for petitioner. Sidney R. Thomas, Billings, Mont., argued, for Real Parties in Interest. Appeal from the United States District Court for the District of Montana. Before HUG, FLETCHER and FARRIS, Circuit Judges. FARRIS, Circuit Judge: 1 Petitioner Larry Myers is requesting that this court issue a writ of mandamus directing United States District Judge James Battin to afford Myers a jury trial in his action against John Hancock Mutual Life Insurance Company. Judge Battin denied Myers a jury on the grounds that Myers' jury demand had been untimely and that the issues involved did not require a jury. We order the writ to issue. I. PROCEDURAL BACKGROUND 2 John Hancock initiated this action in a Montana state court to foreclose on a mortgage it held on real estate owned by Myers. Myers counterclaimed for breach…