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FILMON PROCESS CORP. v. SIRICA

No. 20740.

379 F.2d 449 (1967)

FILMON PROCESS CORP., Petitioner, v. Hon. John J. SIRICA, Judge, United States District Court for the District of Columbia, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1967.

Attorney(s) appearing for the Case

Mr. Edward C. Gonda, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, for petitioner. Mr. Irwin A. Lavine, Washington, D.C., was on the pleadings for petitioner.

Mr. Scott R. Schoenfeld, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the pleading, for respondent.

Before BASTIAN, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Petitioner, plaintiff in the District Court, seeks mandamus to require respondent, District Judge Sirica, to grant a jury trial in a pending civil action.

Respondent, as pre-trial judge, permitted the defendants to withdraw their demand for a jury trial filed three years ago. Petitioner says this is in contravention of Rule 38, FED.R.CIV.P., since petitioner does not consent to this withdrawal and petitioner relied on the jury demand...

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