Legal Opinion

Gaumont v. Warner Bros. Pictures, Inc.

District Court, S.D. New York

Decided May 19, 1941PublishedCited by 10 opinions

1Opinion of the Court

MANDELBAUM, District Judge.

Motion by defendant to strike out plaintiff’s jury demand and placing the case upon the nonjury calendar.

The original complaint herein was served on February 11th, 1941. Issue was joined by the service of an answer on April 18th. Ten days later the plaintiff served, by mail, the demand for a jury.

The motion papers now before me were served on May 1st. On May 8th, the plaintiff served a purported amended complaint.

The motion is opposed by the defendant on the ground that the original complaint states a claim for equitable relief, although alleging also a claim for…

2Cases cited3 opinions

  1. Bellavance v. Plastic-Craft Novelty Co.District Court, D. Massachusetts · 1939
  2. Williams v. CollierDistrict Court, E.D. Pennsylvania · 1940
  3. Sklarsky v. Great Atlantic & Pacific Tea Co.District Court, S.D. New York · 1931

3Cited by10 opinions

  1. Little v. National Broadcasting Co., Inc.District Court, S.D. New York · 2002
  2. Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
  3. Bristol Village, Inc. v. Louisiana-Pacific Corp.District Court, W.D. New York · 2013
  4. Warner-Lambert Co. v. PatrickDistrict Court of Appeal of Florida · 1983
  5. Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1966

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