American Chicle Co. v. Joint Council 16

S.D. New York

American Chicle Co. v. Joint Council 16

18 F.R.D. 102, 1955 U.S. Dist. LEXIS 4371

DecidedFebruary 25, 1955

StatusPublished

This text of 18 F.R.D. 102 (American Chicle Co. v. Joint Council 16) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Chicle Co. v. Joint Council 16, 18 F.R.D. 102, 1955 U.S. Dist. LEXIS 4371 (S.D.N.Y. 1955).

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Opinion

KNOX, Chief Judge.

Plaintiff’s service of a demand for a jury trial was timely as respects twenty-six of the twenty-nine of the defendants named in the amended complaint. The demand was not timely as to the three original defendants.

Nevertheless, the causes of action set forth in the complaint are substantially the same, and I see no good reason why this Court should be burdened by two trials, one before a judge and the other before a judge and jury. In deference to the desirability of saving time, effort and money, and, in consideration of the rights of other litigants, I shall exercise my discretion and hold that plaintiff may have a jury trial as to all defendants.

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KNOX, Chief Judge.

Plaintiff’s service of a demand for a jury trial was timely as respects twenty-six of the twenty-nine of the defendants named in the amended complaint. The demand was not timely as to the three original defendants.

Nevertheless, the causes of action set forth in the complaint are substantially the same, and I see no good reason why this Court should be burdened by two trials, one before a judge and the other before a judge and jury. In deference to the desirability of saving time, effort and money, and, in consideration of the rights of other litigants, I shall exercise my discretion and hold that plaintiff may have a jury trial as to all defendants.

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Bluebook (online)

18 F.R.D. 102, 1955 U.S. Dist. LEXIS 4371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-chicle-co-v-joint-council-16-nysd-1955.