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BONNELL v. COMMONWEALTH REALTY TRUST

Civ. A. No. 70-3523.

363 F.Supp. 1392 (1973)

William W. BONNELL et al. v. COMMONWEALTH REALTY TRUST.

United States District Court, E. D. Pennsylvania.

September 10, 1973.

Attorney(s) appearing for the Case

Michael K. Simon, David Berger, P. A., Philadelphia, Pa., for plaintiffs.

Morris R. Brooke, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Presently before the Court is the above captioned defendant's motion for a finding under Rule 39 of the Federal Rules of Civil Procedure that no right of trial by jury exists in this particular action. This is an equitable action by a mortgagor to secure from a mortgagee an accounting for monies received while in possession of certain property.

In July of 1962, the defendant, Commonwealth Realty Trust...

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