Monolith Portland Midwest Company, a Corporation v. Reconstruction Finance Corporation, a Corporation

LEMMON, Circuit Judge.

Attorneys often give high rhetorical praise to the function of a jury under the common law system — and then, when it suits their clients’ purposes, in order to defeat an adversary’s demand for a jury trial they invoke “Governmental immunity”, “lack of statutory right”, “inappropriateness”, etc.

In the instant case, we do not propose to lend ourselves to any such ambivaluation of that potent instrument of Anglo-American law.

Nor will the fact that we are urged to do so by counsel for a Government-owned corporation cause us to overlook the historic and traditional purposes…