Harkobusic v. General American Transportation Corp.

MARSH, District Judge.

In this action plaintiff timely demanded a jury trial. The defendant moved to strike the case from the list of jury trials on the ground that the action is purely equitable. In my opinion the motion should be denied.

The complaint alleges that defendant breached a confidential relationship between it and plaintiff and pirated his invention. These allegations disclose a tort action, 1 over which there is concurrent jurisdiction at law and in equity. 2 In addition the complaint alleges that defendant expressly promised to hold plaintiff’s secret in “strictest confidence”,…