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MARR v. RIFE

Civ. No. 70-218.

363 F.Supp. 1362 (1973)

William W. MARR et al., Plaintiffs, v. Douglas RIFE et al., Defendants.

United States District Court, S. D. Ohio, E. D.

August 31, 1973.

Attorney(s) appearing for the Case

James J. Kozelek, Columbus, Ohio, for plaintiffs.

John E. Holzapfel, Charles T. Kaps, Columbus, Ohio, for defendants.

ORDER

CARL B. RUBIN, District Judge.

This matter comes before the Court upon plaintiffs' motion to strike defendant Arntz' demand for a trial by jury, which demand was timely filed and contained in defendant's answer as required by Fed.R.Civ.P. 38(b). The question presented for decision is whether or not a right to jury trial exists, within the meaning of the Seventh Amendment to the United States Constitution, for what is solely a money damage action brought...

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