ARNSTEIN v. PORTER

No. 169.

154 F.2d 464 (1946)

ARNSTEIN v. PORTER.

Circuit Court of Appeals, Second Circuit.

February 11, 1946.


Attorney(s) appearing for the Case

Ira B. Arnstein, pro se.

Cohen, Cole, Weiss & Wharton, of New York City (Samuel J. Silverman, of New York City, and Joseph Good, Jr., of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. Plaintiff with his complaint filed a jury demand which defendant moved to strike out. Defendant urges that the relief prayed in the complaint renders a jury trial inappropriate. We do not agree. Plaintiff did not ask for an injunction but solely for damages. Such a suit is an action at "law."1 That it is founded solely on a statute does not deprive either party of a right to a trial by jury;2...

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