121786P.pdf   04/26/2013  Smith Flooring  v.  Pennsylvania Lumbermens Mutual
   U.S. Court of Appeals Case No:  12-1786
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Smith, Author, with Beam and Gruender, Circuit Judges]
   Civil case - Insurance. The district court erred in finding there were no
   issues common to the parties' legal and equitable claim, and plaintiff had
   a Seventh Amendment right to trial by jury on the common issue of what
   the terms of the parties' intended contract were; the court also erred in
   treating the jury's verdict as merely advisory under Fed. R. Civ. P. 39
   insofar as this issue was concerned; however the errors doe not
   necessitate reversal of the court's order granting post-verdict judgment to
   defendant as the evidence was not sufficient to support the jury's verdict
   for plaintiff, and the district court did not err in reforming the insurance
   policy.