DAIRY QUEEN v. WOOD

No. 244.

369 U.S. 469 (1962)

DAIRY QUEEN, INC., v. WOOD, U. S. DISTRICT JUDGE, ET AL.

Supreme Court of United States.

Decided April 30, 1962.


Attorney(s) appearing for the Case

Michael H. Egnal argued the cause for petitioner. With him on the briefs was Wallace D. Newcomb.

Owen J. Ooms argued the cause for respondents. With him on the briefs was Mark D. Alspach.


MR. JUSTICE BLACK delivered the opinion of the Court.

The United States District Court for the Eastern District of Pennsylvania granted a motion to strike petitioner's demand for a trial by jury in an action now pending before it on the alternative grounds that either the action was "purely equitable" or, if not purely equitable, whatever legal issues that were raised were "incidental" to equitable issues, and, in either case, no right to trial by jury existed.

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