FORCHEIMER v. COMMERCIAL STANDARD INS. CO.

No. 13070.

181 F.2d 182 (1950)

FORCHEIMER et al. v. COMMERCIAL STANDARD INS. CO. et al.

United States Court of Appeals Fifth Circuit.

Rehearings Denied May 9, 24, 1950.


Attorney(s) appearing for the Case

Philip S. Kouri, Wichita Falls, Tex., for appellants.

O. R. Tipps, Wichita Falls, Tex., Hobert Price, Dallas, Tex., Milburn E. Nutt, Wichita Falls, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.


PER CURIAM.

This appeal is by the two defendants below, Charles M. Forcheimer and M. P. (Pete) Walinsky, from the judgment of the trial court, which denied their right to a trial by jury despite a demand therefor in compliance with Rule 38, Federal Rules of Civil Procedure, 28 U.S.C.A. We are of the opinion that the United States District Court had no jurisdiction as a Federal Court of the controversy presented to it by the plaintiffs, or by the counterclaim, and...

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