Oroco Marine, Inc. v. National Marine Service, Inc.

MEMORANDUM AND ORDER

CARL O. BUE, Jr., District Judge.

The third-party defendant, George Engine Company, Inc., has demanded a trial by jury of the fact issues raised by the Third-Party Complaint, a demand opposed by the defendant-third-party plaintiff, National Marine Service, Inc. Because the Complaint filed by the plaintiff, Oroeo Marine, Inc., is designated as an admiralty or maritime claim within the meaning of Rule 9(h), Fed.R.Civ.P., to which no right to a trial by jury attaches, see Rule 38(e), Fed.R.Civ.P., and because a party’s Seventh Amendment right to jury trial must be protected,…