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SLEEMAN v. CHESAPEAKE & OHIO RAILROAD COMPANY

Civ. A. No. 5086.

263 F.Supp. 117 (1967)

Joseph E. SLEEMAN, Plaintiff, v. CHESAPEAKE & OHIO RAILROAD COMPANY, a Virginia corporation, Defendant and Third-Party Plaintiff, v. L. A. BARNABY (first name unknown), and Howard Parker, Third-Party Defendants.

United States District Court W. D. Michigan, S. D.

February 1, 1967.

Attorney(s) appearing for the Case

Rhoades, McKee & Boer, Grand Rapids, Mich., F. William McKee, Grand Rapids, Mich., of counsel, for plaintiff.

Law, Fallon, Weathers & Richardson, Grand Rapids, Mich., Paul O. Strawhecker, Grand Rapids, Mich., of counsel, Robert A. Straub, Detriot, Mich., for defendant and third-party plaintiff.

Cholette, Perkins & Buchanan, Grand Rapids, Mich., Grant J. Gruel, Grand Rapids, Mich., of counsel, for third-party defendants.

OPINION

FOX, District Judge.

Defendant, C & O Railroad Company, demands a jury trial of all the issues raised by plaintiff's amended complaint, filed December 29, 1966, or in the alternative, trial by jury of all the new issues raised by the amended complaint.

Plaintiff filed his original complaint on July 9, 1965. Defendant waived its right to a jury trial with respect to all of the issues raised by the complaint by failing to demand a jury...

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