Legal Opinion
Prudential Oil Corp. v. Phillips Petroleum Co.
District Court, S.D. New York
Decided April 4, 1975No. 67 Civ. 3748PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM
EDELSTEIN, Chief Judge.
Pursuant to Fed.R.Civ.P. 39(a) Defendant has moved this court for an order “striking plaintiff’s demand for a jury trial in this action on the ground that under the Seventh Amendment to the United States Constitution, as implemented by Rule 38, F.R.C.P., plaintiff has no right to a jury trial in this action.” Defendant’s Notice of Motion at 1. Defendant does not object to the timeliness of Plaintiff’s jury demand.
Plaintiff’s complaint is extremely prolix; thus, for purposes of this memorandum, the court will attempt to deal with the facts as alleged in this…
2Cases cited5 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Ross v. BernhardSupreme Court of the United States · 1969
- Thermo-Stitch, Inc. v. Chemi-Cord Processing Corp. And Standwear Pleating Co., Inc.Court of Appeals for the Fifth Circuit · 1961
- Bruce v. BohanonCourt of Appeals for the Tenth Circuit · 1970
3Cited by13 opinions
- Securities Investor Protection Corp. v. Stratton Oakmont, Inc.United States Bankruptcy Court, S.D. New York · 1999
- Prudential Oil Corporation v. Phillips Petroleum CompanyCourt of Appeals for the Second Circuit · 1976
- Towers v. TitusDistrict Court, N.D. California · 1979
- Camrex (Holdings) Ltd. v. Camrex Reliance Paint Co.District Court, E.D. New York · 1981
- Prudential Oil Corp. v. Phillips Petroleum Co.District Court, S.D. New York · 1975
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