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ROBINE v. RYAN

No. 27883.

310 F.2d 797 (1962)

Paul ROBINE, Jr., and Walter C. Lambert, Petitioners, v. Hon. Sylvester J. RYAN, United States District Judge, Respondent.

United States Court of Appeals Second Circuit.

Decided November 29, 1962.

Attorney(s) appearing for the Case

John C. L. Cowen, Detroit, Mich., George J. Engelman, O. Raymond Basile, New York City, and Frank C. Sibley, Detroit, Mich., for petitioners.

Harry Price, New York City, for Apco, Inc., defendants.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.

PER CURIAM.

This is a petition for a writ of mandamus to set aside an order dated September 14, 1962, of Chief Judge Ryan in the United States District Court for the Southern District of New York. The order struck the plaintiffs' demand for a jury trial and directed that the case be placed on the non-jury calendar. Since a writ of mandamus is a proper means of protecting the right to a jury trial, Dairy Queen, Inc. v. Wood, 369 U.S. 469

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