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PETERSON v. SOUTHERN PAC. CO.

No. 34.

31 F.Supp. 29 (1940)

PETERSON v. SOUTHERN PAC. CO. et al.

District Court, S. D. California, S. D.

January 22, 1940.

Attorney(s) appearing for the Case

Louis P. Pink, of Los Angeles, Cal., for plaintiff.

W. I. Gilbert, of Los Angeles, Cal., for defendants.

NETERER, District Judge.

The issue is the right of the plaintiff to demand a jury trial, demand not having been made as provided in Rule 38, U.S. Rule of Civil Procedure, 28 U.S.C.A. following section 723c.

It appears from the files that the attorney for the plaintiff within the time provided by rule did direct his law clerk to serve and file a demand for trial by jury; and that it was not ascertained by plaintiff's attorney until the case was assigned for...

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