Legal Opinion

Taylor v. McKeever

District Court, E.D. New York

Decided December 17, 1940No. 1452PublishedCited by 6 opinions

1Opinion of the Court

CAMPBELL, District Judge.

This is a motion for an order directing that this action be tried by the Court without a Jury, and that it be removed from the Civil Jury Calendar and placed upon the Civil Non-Jury Calendar pursuant to Rule 39(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, upon the ground that a right of trial by Jury does not exist under the constitution or statutes of the United States in this action.

Rule 39(a), in so far as it is necessary, reads as follows: “(a) By Jury. When trial by jury has been demanded as provided in Rule 38, the action shall…

2Cases cited2 opinions

  1. Bellavance v. Plastic-Craft Novelty Co.District Court, D. Massachusetts · 1939
  2. Williams v. CollierDistrict Court, E.D. Pennsylvania · 1940

3Cited by6 opinions

  1. Gene E. Phillips v. Alan C. Kaplus and the Johnson Collection, Inc.Court of Appeals for the Eleventh Circuit · 1985
  2. Pallant v. SinatraDistrict Court, S.D. New York · 1945
  3. Walling v. Richmond Screw Anchor Co.District Court, E.D. New York · 1943
  4. Pallant v. SinatraDistrict Court, S.D. New York · 1945
  5. Friedman v. BoyarerDistrict Court, E.D. New York · 1942

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