STEVENS, Chief Judge.
This opinion relates to the right of a plaintiff to refuse to appear for trial where a timely request for a jury was made and the case was set for trial to the Court without a jury. It is necessary to set forth the chronology in some detail. On 16 April 1958, the appellant, herein as plaintiff, filed a Civil action charging the defendants with conspiring in certain monopolistic practices to his detriment. A motion to dismiss was granted and a...
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