Richard I. Krodel v. John J. Houghtaling

Plaintiff appellant sued the defendants for malicious interference with his contract rights, and on this appeal challenges four rulings of the district court: (1) denial of plaintiff’s motion for a jury trial, (2) denial of his motion for a continuance, (3) dismissal of the action for lack of prosecution, and (4) denial of plaintiff’s motion for a new trial.

Although the Federal Rules of Civil Procedure preserve the right of trial by jury, Fed.R.Civ.P. 38(a), a timely demand for a jury trial must be filed. Fed.R.Civ.P. 38(b), (d). Since the plaintiff failed to file such a demand, the district…