Long v. Arizona Portland Cement Company

STEVENS, Chief Judge.

This opinion relates to the right of a plaintiff to refuse to appear for trial where a timely request for a jury was made and the case was set for trial to the Court without a jury. -It is necessary to set forth the. chronology in some detail. On 16 April 1958, the appellant, herein as plaintiff, filed a Civil action charging the defendants with conspiring in certain monopolistic practices to his detriment. A motion to dismiss was granted and a judgment of dismissal was entered. On 15 June 1961 in the case of Long v. Arizona Portland Cement Company, reported in 89 Arizona…