Legal Opinion
Wirtz v. Norton
District Court, N.D. Georgia
Decided October 8, 1963No. Civ. A. No. 8443PublishedCited by 3 opinions
1Opinion of the Court
MORGAN, District Judge.
On September 3, 1963, the plaintiff filed in this Court a motion to strike the demand of the defendant for trial by jury on the ground that the right to trial by jury of this cause does not exist under the Constitution or statutes of the United States.
The plaintiff filed his complaint on June 27, 1963, alleging violations of the overtime and record-keeping provisions of the Fair Labor Standards Act, and praying for an injunction to prohibit further violations.
The general rule that the right of trial by jury does not extend to equity cases has long been settled, and…
2Cases cited6 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
- Ettelson v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1943
- Fleming v. Peavy-Wilson Lumber Co., Inc.District Court, W.D. Louisiana · 1941
- Walling v. Richmond Screw Anchor Co.District Court, E.D. New York · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wirtz v. Gibson Products Co.District Court, W.D. Oklahoma · 1967
- Wirtz v. Active City Wide Service Co.District Court, N.D. Illinois · 1964
- Wirtz v. Camp Hill Lumber Co.District Court, M.D. Alabama · 1964