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BELLAVANCE v. PLASTIC-CRAFT NOVELTY CO.

No. 156.

30 F.Supp. 37 (1939)

BELLAVANCE v. PLASTIC-CRAFT NOVELTY CO. et al.

District Court, D. Massachusetts.

November 6, 1939.

Attorney(s) appearing for the Case

George P. Dike, Cedric W. Porter, George P. Towle, Jr., and Dike, Calver & Gray, all of Boston, Mass., for plaintiff.

Richard F. Walker and Roberts, Cushman & Woodberry, all of Boston, Mass., for defendants.

BREWSTER, District Judge.

This is a complaint alleging infringement of Letters Patent of the United States. Plaintiff has demanded a trial by jury. Defendant has moved to strike the action from the calendar of cases for jury trial and to transfer it to the calendar of cases for court trial.

Rule 39 of Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provides that: "When trial by jury has been demanded as provided in Rule 38, the action shall be...

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