KELLY-SPRINGFIELD TIRE CO. v. MANSON

No. 18228K.

31 F.2d 806 (1929)

KELLY-SPRINGFIELD TIRE CO. v. MANSON et al.

District Court, N. D. California, S. D.

March 20, 1929.


Attorney(s) appearing for the Case

Gaylord & Smith, of San Francisco, Cal., for plaintiff.

Louis Oneal, of San Jose, Cal., and Thos. J. Riordan and Leo Collins, both of San Francisco, Cal., for defendants.


KERRIGAN, District Judge.

A motion has been made to transfer this case to the equity side of this court, for the trial of certain issues raised by the answer and counterclaim on file, prior to the trial of issues of law by the jury. The theory of the motion is that the answer and counterclaim plead equitable defenses and seek equitable relief in this action at law, under the provisions of section 274b, Judicial Code, 28 USCA § 398.

The complaint is based...

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