◆ SpookStack

102 Nos. 77-1698, 77-1210 & 77-1870 mere further lengthening the time of this tediously long trial. For these reasons I would see no necessity for the im- position of sanctions. Nevertheless, because the case is going back and so that the mandate of this court is clear, I will join Chief Judge Fairchild with regard toa direction to the district court to giving consideration to the matter, rather than requiring it to impose sanctions. There is one other matter not mentioned in Judge Swygert’s opinion to which the district judge on remand might properly give some attention. As one reads Judge Swygert’s summary of the seventeen counts of the ‘ amended complaint, of which twelve will remain viable as to most defendants on remand, it seems rather ob- vious that the plaintiffs were fractionalizing what was at most five basic issues, possibly following the school of thought that a shotgun charge is more likely to hit something than would a rifle bullet. The federal jurisdictional issues, four in number, as I see them, allegedly arise from (1) the raid, (2) the conspiracy con- cerning the raid, (8) the post-raid activities of obstruc- tion and malicious prosecution, and (4) the conspiracy. ‘regarding the post-raid activities. All of these have the common underpinning of claimed violations of con- stitutional rights and the post-Civil War civil rights statutes. The fifth issue would concern the pendent state jurisdictional claims. It is true that Rule &e)(2), Fed.R.Civ.P., permits the statement of separate counts which here would seem to be utilized to the maximum. On the other hand, it would seem to me that the new trial judge pursuant to Rule 16 could use pre-trial procedure to good effect to ac- complish a fundamental simplification of the issues as an aid to the jury’s comprehension of what was involved. Although Rule 16 speaks of the pre-trial order limiting the issues for trial to those not disposed of by admissions or agreements of counsel, “it has been pointed out that that is an understatement, since the pre-trial judge does not merely eliminate uncontroversial issues but also for- mulates the remaining issues to show the real conten- tions of the parties.” (Footnote omitted.) 3 MOORE’S