Legal Opinion

Bellavance v. Plastic-Craft Novelty Co.

District Court, D. Massachusetts

Decided November 6, 1939No. 156PublishedCited by 43 opinions

1Opinion of the Court

BREWSTER, District Judge.

This is a complaint alleging infringement of Letters Patent of the United States. Plaintiff has demanded a trial by jury. Defendant has moved to strike the action from the calendar of cases for jury trial and to transfer it to the calendar of cases for court trial.

Rule 39 of Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provides that: “When trial by jury has been-demanded as provided in Rule 38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless * * (2) the court upon motion or…

2Cases cited6 opinions

  1. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  2. Barton v. BarbourSupreme Court of the United States · 1881
  3. Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
  4. Cawood PatentSupreme Court of the United States · 1877
  5. Marsh v. SeymourSupreme Court of the United States · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Bereslavsky v. KloebCourt of Appeals for the Sixth Circuit · 1947
  2. Beaunit Mills, Inc. v. Eday Fabric Sales CorporationCourt of Appeals for the Second Circuit · 1942
  3. Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
  4. Williams v. CollierDistrict Court, E.D. Pennsylvania · 1940
  5. Olearchick v. American Steel FoundriesDistrict Court, W.D. Pennsylvania · 1947

38 more not listed; retrieve them via the Exa API.

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