Gottesman v. Texas Petroleum Co.

MaeMAHON, District Judge.

This is a motion by the plaintiff, under Rule 39(b) F.R.Civ.P., 28 U.S.C.A., for an order directing trial by jury of the issues in the action notwithstanding the failure of plaintiff to make a timely demand for a jury trial as required by Rule 38(b).

There is no question that this action for damages for breach of contract is one in which a demand for a jury trial might have been made as of right. The sole ground asserted by plaintiff’s counsel as a basis for the exercise of the Court’s discretion to relieve plaintiff from the statutory waiver imposed by Rule 38(d),…