Alfred Hofmann, Inc. v. Textile Mach. Works

KIRKPATRICK, District Judge.

The plaintiff, a New Jersey Corporation, waived its right to a trial by jury by failing to demand it within ten days after the service of the last pleading directed to the fact issue in the case, as required by Rule 38(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Subsequently it filed a demand for a jury trial. The defendant moved to strike the-demand from the record, and the questions for decision are whether the Court shall exercise, in favor of the plaintiff, the discretion given it by Rule 6(b) (2) to permit the demand to be…