Bruckman v. Hollzer

DENMAN, Circuit Judge.

Petitioners, defendants below, hereinafter called defendants, seek mandamus to compel the respondent judge to strike the demand for a jury trial upon and to hear and determine in equity the claim of the complaint of Plarold Lloyd Corporation, plaintiff below, for money damages to it for an infringement by the three defendants of plaintiff’s copyright of its photoplay The Freshman. Defendants contend in support of our power to issue the writ that the District Court’s order for trial as at common law by jury is beyond its jurisdiction and that by assuming it the court…