Legal Opinion
American Manufacturers Mutual Insurance v. American Broadcasting-Paramount Theatres, Inc.
District Court, S.D. New York
Decided April 15, 1968No. 63 Civ. 1492PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
TENNEY, District Judge.
The defendant moves herein, pursuant to Rule 39(a) (2) of the Federal Rules of Civil Procedure, for an order striking the plaintiffs’ demand for a jury trial, which demand was served on March 8, 1968. The original complaint alleged a single cause of action, violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, and sought treble damages, an injunction and a declaratory judgment.
Clearly, plaintiffs had the right to a trial by jury of all of the substantive issues in dispute as alleged in the original complaint. Ring v. Spina, 166 F.2d 546, 549-550…
2Cases cited4 opinions
- Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
- Reeves v. Pennsylvania R.District Court, D. Delaware · 1949
- Leighton v. New York, Susquehanna & Western RailroadDistrict Court, S.D. New York · 1964
- Ridge Theatre Corp. v. United Artists Corp.District Court, E.D. Pennsylvania · 1961
3Cited by8 opinions
- Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
- Brookhaven Textiles, Inc. v. Avondale Mills, Inc. (In Re Brookhaven Textiles, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- 15 Fair empl.prac.cas. 1735, 14 Empl. Prac. Dec. P 7760 Carol J. Walton, on Behalf of Herself and on Behalf of Others Similarly Situated v. Eaton Corporation. Carol J. Walton v. Eaton CorporationCourt of Appeals for the Third Circuit · 1977
- Ryan v. Hersey (In Re Alves Photo Service, Inc.)United States Bankruptcy Court, D. Massachusetts · 1981
- Engstrum & Nourse-Stolte v. E.C. Ernst, Inc. (In re E.C. Ernst, Inc.)District Court, S.D. New York · 1982
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