
    C. Merritt WINSBY, Appellant, v. JOHN OSTER MANUFACTURING CO. and Gimbel Brothers, Inc.
    No. 72-1256.
    United States Court of Appeals, Third Circuit.
    Submitted Feb. 6, 1973 under Third Circuit Rule 12(6).
    Decided June 28, 1973.
    
      T. Lawrence Palmer, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for appellant.
    Kim Darragh, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for' appellees.
    Before BIGGS and GIBBONS, Circuit Judges and HUYETT, District Judge.
   OPINION OF THE COURT

PER CURIAM:

In this products liability suit, plaintiff was required, despite timely objection, to proceed to trial before a six-man jury per force of local Rule 21(C) of the United States District Court for the Western District of Pennsylvania. The jury returned a verdict in favor of defendants, judgment was so entered, and the court below denied plaintiff’s motion for a new trial. This appeal followed.

Plaintiff asserts that the Seventh Amendment to the Constitution, 28 U.S.C. § 2072, and F.R.Civ.P. 48 (see 28 U.S.C. § 2071 and F.R.Civ.P. 83) all prohibit reduction in the size of the 12-man jury in civil cases by means of a district court rule. The Supreme Court has, however, by its recent decision in Colgrove v. Battin, — U.S. -, 93 S.Ct. 2448, 37 L.Ed.2d 522 (1973) (filed June 21, 1973), resolved such doubts as to the propriety of a district court’s unilateral reduction in the size of the 12-man jury, and plaintiff’s challenge is thus foreclosed.

Plaintiff also claims that the trial court’s instructions to the jury were inadequate on the theory of strict liability, § 402A of the Restatement (Second) of Torts. On review of the charge, we find no error in this regard.

The judgment of the district court will be affirmed. 
      
      . Jurisdiction rests on diversity of citizenship, 28 U.S.C. § 1332 (1970).
     
      
      . Rule 21(C) of the United States District Court for the Western District of Pennsylvania provides: “C. Civil Action Juries. In all civil jury eases the 4'ury shall consist of six members.”
     
      
      . The opinion of the district court is reported at 336 F.Supp. 663 (W.D.Pa.1972).
     