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UNIQUE CONCEPTS, INC. v. BROWN

No. 86 Civ. 2891 (MP).

659 F.Supp. 1008 (1987)

UNIQUE CONCEPTS, INC. and Floyd M. Baslow, Plaintiffs, v. Kevin BROWN d/b/a Creative Walls, Templar and Now Shram, and World Plastics Extruders, Inc., Defendants.

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

May 22, 1987.

Attorney(s) appearing for the Case

Milgrim Thomajan & Lee P.C., by Samuel D. Rosen, New York City, for plaintiffs.

Kaplan, Thomashower & Landau, by William J. Thomashower, New York City, for defendants.

OPINION

MILTON POLLACK, Senior District Judge.

The issue presented is whether plaintiffs' jury demand in their September 19, 1986 second amended Complaint is effective; or did plaintiffs waive their right to a jury trial under Fed.R.Civ.P. 38 by failing to make a jury demand relating to their April 9, 1986 complaint, or their April 24, 1986 first amended complaint. As explained below, plaintiffs' September 19 jury demand was ineffective and untimely under...

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