UNIVERSAL PICTURES CORPORATION v. MARSH

No. 974.

36 F.Supp. 241 (1940)

UNIVERSAL PICTURES CORPORATION et al. v. MARSH. No. 975. R. K. O. RADIO PICTURES, Inc., v. SAME. No. 976. GOLDWYN et al. v. SAME.

District Court, N. D. West Virginia. Clarksburg.

December 31, 1940.


Attorney(s) appearing for the Case

Herman Bennett, of Charleston, W. Va., for plaintiffs.

Howard Caplan, of Clarksburg, W. Va., and Jacob S. Hyer, of Elkins, W. Va., for defendant.


HARRY E. WATKINS, District Judge.

This is an action in equity instituted prior to the effective date of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to recover damages for copyright infringement, for an injunction, and for discovery as to past infringements.

Defendant insists that he is entitled to a jury trial as a matter of right. This requires a determination of whether plaintiff's remedy is legal or equitable in nature.

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