Consolidated Fisheries Co. v. Fairbanks Morse & Co.

BARD, District Judge.

This case is before me on plaintiff’s motion for an order directing trial by jury on the issues raised by the amended complaint and the answer thereto.

The plaintiff’s amended complaint was filed on May 21, 1949. The defendant’s answer and counterclaims were filed on July *54022, 1949. The plaintiff’s reply to the counterclaims was filed on August 5, 1949. On August 10, 1949 the plaintiff requested a jury trial of all issues. On or about August 11, 1949 the defendant ordered a nonjury trial on the issue raised by the amended complaint and answer. On August 19, 1949 the plaintiff…