Legal Opinion
Hensley v. Ellenburg
District Court, E.D. Tennessee
Decided July 11, 1972No. Civ. A. No. 2764PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
NEESE, District Judge.
There was no timely demand for a jury by right by any party hereto, Rule 38(b), Federal Rules of Civil Procedure, and such right was waived, Rule 38(d), Federal Rules of Civil Procedure; United States v. Moore (1951), 340 U.S. 616, 621, 71 S.Ct. 524, 527 [3], 95 L.Ed. 582, rehearing denied (1951), 341 U.S. 923, 71 S.Ct. 740, 95 L.Ed. 1356, cited in Christenson v. Diversified Builders Incorporated, C.A. 10th (1964), 331 F.2d 992, 994 [3], The defendant moved the Court on July 3, 1972 for a trial by jury of all issues.
“ * * * Issues not demanded…
2Cases cited3 opinions
- United States v. MooreSupreme Court of the United States · 1951
- E. R. Christenson D/B/A Christenson Electric Company v. Diversified Builders IncorporatedCourt of Appeals for the Tenth Circuit · 1964
- United States v. MooreSupreme Court of the United States · 1951
3Cited by5 opinions
- Billy Merritt v. Gordon H. FaulknerCourt of Appeals for the Seventh Circuit · 1983
- Davis v. ElkinsDistrict Court, E.D. Tennessee · 1975
- Folmar v. American Health & Life InsuranceDistrict Court, E.D. Tennessee · 1981
- Judge v. Continental Casualty Co.District Court, E.D. Tennessee · 1981
- Billy Merritt v. Gordon H. FaulknerCourt of Appeals for the Seventh Circuit · 1983