BEAUNIT MILLS, INC. v. EDAY FABRIC SALES CORPORATION

No. 124.

124 F.2d 563 (1942)

BEAUNIT MILLS, Inc., v. EDAY FABRIC SALES CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1942.


Attorney(s) appearing for the Case

J. Stanley Preston, of New York City (Jeffery, Kimball & Eggleston, of New York City, on the brief), for plaintiff-appellee.

Charles Sonnenreich, of New York City, for defendants-appellants.

Before AUGUSTUS N. HAND, C. E. CLARK, and FRANK, Circuit Judges.


C. E. CLARK, Circuit Judge.

The question herein is whether or not an order refusing trial by jury constitutes a final and appealable judgment of the district court.

Plaintiff sued for a declaratory judgment and extensive injunctive and other relief against a patent, owned and used by defendants, for a method of knitting. Defendants counterclaimed for a judgment declaring the patent valid and infringed. They also filed demand for trial by jury of all the issues...

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