ELDREDGE v. GOURLEY

No. 74-1771.

505 F.2d 769 (1974)

Frances ELDREDGE, Petitioner, v. Wallace S. GOURLEY, U. S. District Judge, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 4, 1974.


Attorney(s) appearing for the Case

William G. Boyle, Meyer, Unkovic & Scott, Pittsburgh, Pa., for petitioner.

John I. Hook, Jr., Hook & Hook, Waynesburg, Pa., for respondent.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

This is a petition for a writ of mandamus to set aside a district court order denying the petitioner's demand for a jury trial. The petitioner is the defendant in a civil action pending before the lower court. She owns land in Pennsylvania with the plaintiff in that suit as joint tenants with rights of survivorship.

The plaintiff brought an equitable action in the state court to partition the land in question. Defendant...

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