Filmon Process Corp. v. Hon. John J. Sirica, Judge, United States District Court for the District of Columbia

LEVENTHAL, Circuit Judge:

Petitioner, plaintiff in the District Court, seeks mandamus to require respondent, District Judge Sirica, to grant a jury trial in a pending civil action.

Respondent, as pre-trial judge, permitted the defendants to withdraw their demand for a jury trial filed three years ago. Petitioner says this is in contravention of Rule 38, Fed.R.Civ.P., since petitioner does not consent to this withdrawal and petitioner relied on the jury demand in the answer even though a jury trial was not demanded in the complaint.

Petitioner supposes the case turns on Rule 38, but as we see the…