BURKE, District Judge.
Motion under Federal Rules of Civil Procedure, rule 39(b), 28 U.S.C.A., for an order allowing trial by jury. The issues in this case are mainly ones on which the plaintiff would not be entitled to a jury trial even though he had made seasonable demand. The question occurs now whether the plaintiff, having waived a jury trial by failure to demand it, should be accorded that right in the exercise of the Court's discretion.
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