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TYNAN v. R. K. O. RADIO PICTURES

77 F.Supp. 238 (1947)

TYNAN v. R. K. O. RADIO PICTURES, Inc.

District Court, S. D. New York.

On Motion for Transfer January 27, 1948.

Attorney(s) appearing for the Case

Lotterman & Tepper, of New York City, for plaintiff.

Gordon E. Youngman and Donovan, Leisure, Newton, Lumbard, & Irvine, all of New York City, for defendant.

KNOX, District Judge.

Upon the assumption that this action, by virtue of the decision of the Appellate Court for this Circuit, in Arnstein v. Porter, 2 Cir., 154 F.2d 464, may properly be tried before a jury, I am of the belief that, under the circumstances here existing, I should not exercise such discretion as is given me under Rule 39(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in order to bring this...

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