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PRUDENTIAL OIL CORP. v. PHILLIPS PETROLEUM CO.

No. 67 Civ. 3748.

392 F.Supp. 1018 (1975)

PRUDENTIAL OIL CORPORATION, Plaintiff, v. PHILLIPS PETROLEUM COMPANY, Defendant.

United States District Court, S. D. New York, Civil Division.

April 4, 1975.

Attorney(s) appearing for the Case

Thomas R. Farrell, Gold, Farrell & Marks, New York City, for plaintiff.

Robert MacCrate, Sullivan & Cromwell, New York City, for defendant.

MEMORANDUM

EDELSTEIN, Chief Judge.

Pursuant to Fed.R.Civ.P. 39(a) Defendant has moved this court for an order "striking plaintiff's demand for a jury trial in this action on the ground that under the Seventh Amendment to the United States Constitution, as implemented by Rule 38, F.R.C.P., plaintiff has no right to a jury trial in this action." Defendant's Notice of Motion at 1. Defendant does not object to the timeliness of Plaintiff's jury demand.

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