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BANK OF INDIA v. HANDLOOM HOUSE (INDIA) LTD.

No. 85 Civ. 3360 (RLC).

629 F.Supp. 281 (1986)

BANK OF INDIA, Plaintiff, v. HANDLOOM HOUSE (INDIA) LTD. and Raman Patel, Defendants.

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

January 29, 1986.

Attorney(s) appearing for the Case

O'Melveny & Myers, New York City, for plaintiff; Louis B. Kimmelman, Diane E. Lopez, of counsel.

Ide & Haigney, New York City, for defendant Patel; John E. Haigney, Anne H. Roome, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Defendant filed his original answer to this complaint in July, 1985, and failed to make a demand for a jury trial within 10 days of the service of his original answer as required by Rule 38, F.R.Civ.P. Defendant concedes that he thereby effectively waived his right to a jury trial on the issues raised in his original answer. It is settled doctrine that this waiver embraces all matters contained in the answer, and...

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