Leighton v. New York, Susquehanna & Western Railroad

EDWARD WEINFELD, District Judge.

Plaintiff moves to strike defendant’s demand for a jury trial served more than three and a half years after the case has been at issue as a non jury matter. This action, wherein plaintiff seeks to recover a balance due for legal services rendered to the defendant, was commenced in February 1961. The defendant answered on March 15, 1961.1 It waived its right to trial by jury by failure to file a demand. The action remained in nonjury posture until July 16, 1964, when substituted attorneys for the defendant moved pursuant to Rule 13(f) of the Federal Rules of…