Legal Opinion
Ralph Blechman, Inc. v. I. B. Kleinert Rubber Co.
District Court, S.D. New York
Decided May 7, 1951PublishedCited by 5 opinions
1Opinion of the Court
S. H. KAUFMAN, District Judge.
This is an action under the Sherman and Clayton Acts, as amended, 15 U.S.C.A. § 1 et seq., for treble damages, a declaratory judgment, and injunctive relief. Defendants move pursuant to Rule 39(a)(2), F.R.C.P., 28 U.S.C.A., for an order striking plaintiffs’ demand for a jury trial and transferring the action from the jury to the non-jury calendar on the ground that the action is essentially equitable in nature.
Though the right to jury trial is to be determined by whether the issues, as disclosed by the complaint, are essentially legal or essentially equitable in…
2Cases cited4 opinions
- Fleitmann Ex Rel. Stockholders of the Consolidated Street Lighting Co. v. Welsbach Street Lighting Co.Supreme Court of the United States · 1916
- Decorative Stone Co. v. Building Trades Council of Westchester CountyCourt of Appeals for the Second Circuit · 1928
- Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
- Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
3Cited by5 opinions
- Sablosky v. Paramount Film Distributing Corp.District Court, E.D. Pennsylvania · 1952
- Banana Distributors, Inc. v. United Fruit Co.District Court, S.D. New York · 1955
- Upjohn Co. v. SchwartzDistrict Court, S.D. New York · 1953
- All American Airways, Inc. v. Village of CedarhurstDistrict Court, E.D. New York · 1954
- Equal Employment Opportunity Commission v. Thomas J. Lipton, Inc.District Court, D. New Jersey · 1982