DAVIS v. MARATHON OIL CO.

Civil No. C71-388.

35 Ohio Misc. 73 (1972)

DAVIS ET AL. v. MARATHON OIL COMPANY.

United States District Court for the Northern District of Ohio, Western Division.

Decided October 25, 1972.


Attorney(s) appearing for the Case

Mr. Thomas F. Bryant, for plaintiff.

Mr. Robert Gosline, for defendant.


YOUNG, J.

This is an action for an alleged antitrust violation under the Sherman and Clayton Acts. The sole question now before this court is whether plaintiff's demand for a jury trial should be sustained.

The syllogism which supports defendant's position is a nice piece of tight reasoning. It is said that one has a right to a trial by jury only when the action is one which existed at common law, thus coming within the provision of the Seventh Amendment,...

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