Paper Stylists, Inc. v. Fitchburg Paper Co.

FOLEY, District Judge.

Plaintiff applies to the discretion of the court by motion in accordance with Rule 39(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for relief from its failure to make a timely demand for a jury trial as set forth in Rule 38(b) of the same rules. The defendant corporation, by its attorneys, strenuously opposes the granting of such relief upon several grounds.

The plaintiff corporation asks for the exercise of judicial discretion in its favor by a sworn affidavit of one of its attorneys to the effect that, because of inadvertence in its office, the demand for a…