Legal Opinion

Halperin Shipping Co., Inc. v. United States

United States Court of International Trade

Decided November 14, 1989No. Court 87-02-00371PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

CARMAN, Judge:

The defendant United States (the government) moves this Court to strike the demand for a jury trial in an action brought by plaintiff pursuant to 28 U.S.C. § 1581(a) (1982). The government contends that no right to a jury trial is provided to plaintiff by either a statute of the United States or the United States Constitution and a jury trial is thus precluded under Washington International Ins. Co. v. United States, 863 F.2d 877 (Fed.Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 3157, 104 L.Ed.2d 1020 (1989). Plaintiff argues, inter alia, that the relevant…

2Cases cited6 opinions

  1. Lehman v. NakshianSupreme Court of the United States · 1981
  2. Dimick v. SchiedtSupreme Court of the United States · 1935
  3. Wilson v. PrasseCourt of Appeals for the Third Circuit · 1972
  4. Rhone Poulenc, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1989
  5. Washington International Insurance Co. v. The United StatesCourt of Appeals for the Federal Circuit · 1988

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3Cited by1 opinion

  1. Erdle v. United StatesUnited States Court of International Trade · 1999

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