CHESNUT, District Judge
The defendant has filed a motion to dismiss the above entitled case. The substantial question involved is whether the plaintiff is entitled to demand a jury trial.
Rule 38 of the Federal Rules of Civil Procedure, 28 U.S.C.A., provides in part: "The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. Any party may demand...
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