Howard Ross and Bernard Ross, as Trustees for Lena Rosenbaum v. Robert A. Bernhard

LUMBARD, Chief Judge:

This appeal, taken by permission, questions a district court ruling which would allow a jury trial of a stockholders’ derivative action. The defendants in this diversity action appeal from a Southern District order entered November 6, 1967 denying their motion to strike plaintiffs’ demand for a jury trial. On December 6, 1967, Judge McLean granted defendants’ motion to resettle his order, finding that it involved “a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from this order may materially…