MORTENSON v. PACIFIC FAR EAST LINE

No. 35034.

148 F.Supp. 71 (1956)

Joan MORTENSON, etc., et al., Plaintiffs, v. PACIFIC FAR EAST LINE, Inc., a corporation; White Company, a corporation; First Doe and Second Doe, Defendants.

United States District Court N. D. California, S. D.

June 5, 1956.


Attorney(s) appearing for the Case

Gladstein, Andersen, Leonard & Sibbett, San Francisco, Cal., for plaintiff.

Dorr, Cooper & Hays, San Francisco, Cal., for defendant.


EDWARD P. MURPHY, District Judge.

These are two motions. The first seeks an order removing the cause from the jury to the court calendar, on the basis of waiver, in that Plaintiff Joan Mortenson, in her own behalf, failed to comply with Fed.Rules Civ.Proc. rule 38 (b), 28 U.S.C.A.

That failure was due to inadvertence on the part of her counsel, explained by him as stemming from the different requirements of state and federal procedural rules.

It should...

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