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E.E.O.C. v. THOMAS J. LIPTON, INC.

Civ. A. No. 81-3200.

571 F.Supp. 535 (1982)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. THOMAS J. LIPTON, INC., d/b/a Good Humor Corporation, Defendant.

United States District Court, D. New Jersey.

November 15, 1982.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty. by John O'Farrell, Asst. U.S. Atty., Newark, N.J., Robert L. Williams and Larry Besnoff, E.E. O.C., Philadelphia, Pa., for plaintiff.

Pitney, Hardin, Kipp & Szuch by Gregory C. Parliman and Jill Lerner, Morristown, N.J., for defendant.

OPINION

SAROKIN, District Judge.

In its amended complaint, plaintiff has made a demand for a jury trial, pursuant to Fed.R.Civ.P. 38. Defendant, arguing that the EEOC is not entitled to a jury trial in suits filed by it under the ADEA, moves to strike that demand. Plaintiff defends its right to a trial by jury on two grounds. First, defendant's motion to strike the demand has not been timely made; and, second, the right of the EEOC to a trial by jury is...

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