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CUDMORE v. SMITH

Civ. No. 11017.

260 F.Supp. 760 (1966)

Charles F. CUDMORE and Thelma J. Cudmore, Plaintiffs, v. Harold E. SMITH and Madeth W. Smith, Defendants.

United States District Court D. Connecticut.

November 7, 1966.

Attorney(s) appearing for the Case

Francis M. McDonald, William V. Begg, Jr., Waterbury, Conn. and John T. Ronan, Salem, Mass., for plaintiffs.

Martin E. Gormley, New Haven, Conn., for defendants in the main action.

Paul W. Orth, Hartford, Conn., for defendants on their counterclaim against plaintiffs.

Walter M. Pickett, Jr., Waterbury, Conn., for plaintiffs on the counterclaim.

TIMBERS, Chief Judge.

In this action to recover damages for personal injuries and property damage claimed to have been sustained in a two-car automobile accident in Newburgh, Maine, on July 13, 1964, jury trial as of right having been waived (Rule 38(d), Fed.R.Civ.P.) because of failure to make a timely demand therefor (Rule 38(b), Fed.R.Civ.P.); and

The Court being of the opinion that the action is one in which the empanelling of an advisory jury (Rule 39...

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