Legal Opinion

Add-A-Bin Co. v. M.S.D. Hot Mix Surge & Storage Equipment Corp.

District Court, S.D. New York

Decided November 3, 1971No. 71 Civ. 2527PublishedCited by 3 opinions

1Opinion of the Court

GURFEIN, District Judge.

This is a motion to strike the plaintiff’s demand for a jury trial pursuant to Fed.R.Civ.P. Rule 38(b). The plaintiff ■ is a Michigan corporation represented by both Michigan and New York counsel.

On June 7, 1971 the defendants were served with a complaint alleging patent infringement and unfair competition. The plaintiff was served with the defendants’ answer and counterclaims on June 28, 1971. On July 16, 1971 the plaintiff through New York counsel served the defendants with a reply to defendants’ counterclaims. Ten days later on July 27, 1971 the plaintiff’s Michigan…

2Cases cited3 opinions

  1. Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
  2. Board of Education Central School District No. 2 v. Aetna Casualty & Surety Co.District Court, S.D. New York · 1969
  3. General Tire & Rubber Company v. WatkinsCourt of Appeals for the Fourth Circuit · 1964

3Cited by3 opinions

  1. Reefer Express Lines v. Arkwright-Boston Manufacturers InsuranceDistrict Court, S.D. New York · 1980
  2. C. Albert Sauter Co. v. Richard S. Sauter Co.District Court, E.D. Pennsylvania · 1972
  3. Flagstaff Foodservice Corp. v. Consolidated Foods Corp. (In re Flagstaff Foodservice Corp.)District Court, S.D. New York · 1982

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