Owens-Illinois, Inc. v. United States District Court For The Western District Of Washington

698 F.2d 967 1984 A.M.C. 1468 OWENS-ILLINOIS, INC. a/k/a Owens-Illinois Glass Co., Petitioner, v. The UNITED STATES DISTRICT COURT FOR the WESTERN DISTRICT OF WASHINGTON, AT TACOMA, Respondent, and Wayne Plunkett, Real Party in Interest, Fibreboard Corp., et al., Other Parties. No. 83-7012. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1983. Decided Jan. 25, 1983. No appearance for the parties. Petition for Writ of Mandamus to the United States District Court for the Western District of Washington, at Tacoma. Before WRIGHT, FLETCHER and FARRIS, Circuit Judges. PER CURIAM. 1 Petitioner Owens-Illinois, in an action brought on the alternative theories of admiralty and diversity jurisdiction, seeks a writ of mandamus to compel the district court to vacate its order striking defendants' jury demand and setting the matter for trial to the court as an admiralty claim. We hold that under the facts of this case, admiralty jurisdiction is lacking and that, even assuming that certain aspects of plaintiff's case are within admiralty jurisdiction, defendants' constitutional right to a jury trial must be honored. The writ will issue. 2 Wayne Plunkett filed suit in…