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JUDSON v. BUCKLEY

31 F.Supp. 246 (1940)

JUDSON v. BUCKLEY et al.

District Court, S. D. New York.

January 20, 1940.

Attorney(s) appearing for the Case

DeBevoise, Stevenson, Plimpton & Page, of New York City (William E. Stevenson, of New York City, of counsel), for plaintiff.

Prentice, Collins & Dwight, of New York City (Ezra P. Prentice and Charles S. Reilley, both of New York City, of counsel), for defendant Buckley.

HULBERT, District Judge.

The issues raised by the plaintiff's reply to the first and second counterclaims set forth in the answer of the defendant are such as entitled the defendant to a trial by jury as a matter of right. See Moore's Federal Practice, vol. 3, § 38.02, page 3009; American Mills Co. v. American Surety Co., 260 U.S. 360, 43 S.Ct. 149, 67 L.Ed. 306; Cincinnati, H. & D. R. Co. v. McKeen, 7 Cir., 64 F. 36; Union...

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