Ridge Theatre Corp. v. United Artists Corp.

WOOD, District Judge.

The motions before us for decision involve two questions: 1) whether the plaintiff waived its right to a jury trial upon the issues set forth in the complaint by failing to demand a jury trial within the time period provided by Rule 38(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.; and 2) whether the Court should exercise its discretion under Rule 39(b) and grant plaintiff a jury trial despite the waiver.

With regard to the first question, Rule 38 (b) provides as follows:

“Demand.

“Any party may demand a trial by jury of any issue triable of right by a jury by…