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CANISTER CO. v. NATIONAL CAN CORP.

Civ. Nos. 309, 365.

101 F.Supp. 785 (1951)

CANISTER CO. v. NATIONAL CAN CORP. CANISTER CO., Inc. v. NATIONAL CAN CORP.

United States District Court D. Delaware.

February 20, 1951.

Attorney(s) appearing for the Case

John J. Morris, Jr., of Hering, Morris, James & Hitchens, of Wilmington, Del., Arthur C. Gillette and John J. Bracken, Jr., of Newark, N. J. and James Harte Levenson, of New York City, for plaintiffs.

William S. Potter and Richard F. Corroon, of Southerland, Berl & Potter, of Wilmington, Del., for defendant.

LEAHY, Chief Judge.

Defendant moves to strike plaintiffs' demand for jury. This is not a new matter in the instant case. 5 years after the complaint was filed, plaintiffs first moved for a jury trial on June 22, 1948. The motion was denied. D.C., 8 F.R.D. 408. Later, on January 29, 1949, plaintiffs filed a writing denominated "Waiver of Equitable Relief"; and again asked for a jury trial. This motion was denied on September 16, 1949 (unreported opinion). Plaintiffs...

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