UNITED STATES PROCESS CORPORATION v. FORT PITT BREWING CO.

No. 414.

29 F.Supp. 37 (1939)

UNITED STATES PROCESS CORPORATION v. FORT PITT BREWING CO.

District Court, W. D. Pennsylvania.

August 17, 1939.


Attorney(s) appearing for the Case

Christy & Wharton, of Pittsburgh, Pa., and Chritton, Wiles, Davies, Hirschl & Dawson, of Chicago, Ill., for plaintiff.

J. M. Stoner & Sons and W. W. Stoner, all of Pittsburgh, Pa., for defendant.


GIBSON, District Judge.

The defendant has filed a demand for a jury trial and plaintiff has moved to strike off said demand under Rule No. 39 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The basis of the motion is the assertion that the remedy sought is equitable and not within the province of a jury.

An examination of the complaint discloses that the action is really nothing other than one for breach of a royalty contract....

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