LEE PHARMACEUTICALS v. MISHLER

No. 658, Docket 75-3068.

526 F.2d 1115 (1975)

LEE PHARMACEUTICALS, Petitioner, v. Hon. Jacob MISHLER, Chief Judge, United States District Court for the Eastern District of New York, et al., Respondents.

United States Court of Appeals, Second Circuit.

Decided December 10, 1975.


Attorney(s) appearing for the Case

Irons & Sears, Mary Helen Sears, Edward S. Irons, Washington, D.C. and Anthony J. DeMarco, Jr., Brooklyn, N.Y., on the brief, for petitioner.

Rogers & Wells, New York City, on the brief, for Ceramco, Inc. and Johnson and Johnson, Inc.

Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.


PER CURIAM:

Lee Pharmaceuticals petitions for a writ of mandamus to set aside an order of the Eastern District, Mishler, Chief Judge, dated October 20, 1975, granting plaintiff Ceramco's motion to strike defendant Lee's timely jury demand. For the reasons hereinafter stated, we grant the petition.

In the underlying action, Ceramco, a manufacturer of dental products and a wholly-owned subsidiary of Johnson & Johnson, seeks to enjoin the defendant...

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