Legal Opinion

Delaware ex rel. General Crushed Stone Co. v. Massachusetts Bonding & Insurance

District Court, D. Delaware

Decided August 27, 1942No. 246PublishedCited by 6 opinions

1Opinion of the Court

LEAHY, District Judge.

The case was at issue on March 20, 1942, and ready to be placed on the trial calendar. No demand for jury trial was made as required by Rule 38(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.1

By their present motion, filed June 1, 1942, defendants urge that, notwithstanding no timely demand for jury trial was made, the Court, in the exercise of its discretion, should in effect grant a jury trial by submitting all the issues in the case to a jury, pursuant to Rule 39(b) of the Rules of Civil Procedure.2 The reasons in support of the motion…

2Cases cited6 opinions

  1. Campbell v. American Fabrics Co.District Court, E.D. New York · 1940
  2. Krussman v. Omaha Woodmen Life Ins. Soc.District Court, D. Idaho · 1941
  3. Peterson v. Southern Pac. Co.District Court, S.D. California · 1940
  4. Hargreaves v. Roxy Theatre, Inc.District Court, S.D. New York · 1940
  5. Gruskin v. New York Life Ins.District Court, W.D. Pennsylvania · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Kalmanovitz v. G. Heileman Brewing Co., Inc.District Court, D. Delaware · 1985
  2. Reeves v. Pennsylvania R.District Court, D. Delaware · 1949
  3. New Hampshire Fire Insurance v. PerkinsDistrict Court, D. Delaware · 1961
  4. Container Co. v. Carpenter Container Corp.District Court, D. Delaware · 1949
  5. Delaware Ex Rel. General Crushed Stone Co. v. Massachusetts Bonding & Ins.District Court, D. Delaware · 1943

1 more not listed; retrieve them via the Exa API.

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