Sablosky v. Paramount Film Distributing Corp.

GRIM, District Judge.

In this private civil antitrust action1 plaintiffs seek treble damages, an accounting, and equitable relief in the form of an injunction. After defendants had filed timely demand for a jury trial, plaintiffs moved to strike the present action from the jury trial docket of this Court.

Plaintiffs’ motion raises two questions. The first is: Where a plaintiff2 joins in a single civil antitrust action a legal claim for treble damages with an equitable claim for injunctive relief, does defendant thereby lose his right to a jury trial entirely?

The damages sought in the present…