Conrocode v. Ohio Bell Tel. Co.

JONES, Chief Judge.

This is an action brought under the reemployment provisions of the Selective Service Act of 1940, 50 U.S.C.A.Appendix, § 308. Plaintiff has requested a jury trial. Defendant moves to strike this' request.

It seems quite certain that the issues raised by plaintiff’s prayer for an order directing re-employment, and defendant’s defenses to this prayer are equitable in nature and not triable to a jury. Sterlitz v. Surrey Classics, D.C., 7 F.R.D. 101.

Conceding that the court can direct a jury trial of the damage issue, it also is true that once equity jurisdiction obtains the…