C. Albert Sauter Co. v. Richard S. Sauter Co.

MEMORANDUM AND ORDER

BRODERICK, District Judge.

The issue presented is whether the Court’s discretion can be properly invoked in the circumstances of this case to order a jury trial pursuant to Rule *53839(b),1 2**Federal Rules of Civil Procedure, after an untimely demand from the defendant in this action 2 The complaint in this anti-trust action for injunctive relief and damages was filed on July 21, 1972 and served on the defendant on August 3, 1972. Anticipating a scheduled hearing on the request for a preliminary injunction, the defendants filed their answer on August 8, 1972, only four days…