Bendix Aviation Corporation v. Glass

KIRKPATRICK, Chief Judge.

This is a motion by the plaintiff, based upon Federal Rules of Civil Procedure, rule 39(a) (2), 28 U.S.C.A., to strike the defendant’s demand for a jury trial.

The complaint alleges that the defendant has refused to carry out a contract (made when he entered the plaintiff’s employ) to assign to the plaintiff a pending patent application and asks that the defendant be required to execute an assignment. The action is a simple suit for specific perform-' anee, as such, cognizable in equity.

The defendant filed an elaborate answer and -counterclaim. One of the numerous…