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LEVE v. GENERAL MOTORS CORPORATION

248 F.Supp. 344 (1965)

Samuel LEVE, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant.

United States District Court S. D. New York.

December 13, 1965.

Attorney(s) appearing for the Case

Joseph J. Einhorn, New York City, for plaintiff.

Edward B. Wallace, New York City, for defendant; Joseph G. Wackerman, New York City, of counsel.

WEINFELD, District Judge.

The defendant moves to vacate plaintiff's demand for a jury trial on the ground of its untimeliness. The action was commenced by plaintiff in the Supreme Court of the State of New York on July 26, 1965. It was removed to this Court on August 11 on defendant's petition; simultaneously the defendant served its answer.

Rule 81 (c) of the Federal Rules of Civil Procedure requires that a party demand a jury trial within ten days after...

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