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TERMINAL WAREHOUSE OF NEW JERSEY v. UNITED STATES

Civ. A. No. 10754.

91 F.Supp. 327 (1950)

TERMINAL WAREHOUSE OF NEW JERSEY et al. v. UNITED STATES.

United States District Court D. New Jersey.

June 21, 1950.

Attorney(s) appearing for the Case

Nathan Baker, Hoboken, N. J., Cox & Walburg, Newark, N. J., for plaintiffs.

Alfred E. Modarelli, U. S. Atty., Edward V. Ryan, Asst. U. S. Atty., for defendant.

MEANEY, District Judge.

Plaintiffs bring this action under the Tucker Act, 28 U.S.C.A. § 1346, to recover under an alleged contract for warehouse services. Defendant's answer alleges a setoff for damage to the goods stored due to the negligence of plaintiffs. A counterclaim is also filed. Defendant now moves to strike plaintiffs' demand for a trial by jury on the counterclaim.

Section 1346 of the Judicial Code, the Tucker Act, expressly provides that...

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