Court of Appeals for the D.C. Circuit April 27, 1967, 20740 (Filmon Process Corp. v. Hon. John J. Sirica, Judge, United States District Court for the District of Columbia)

LEVENTHAL, Circuit Judge:

Petitioner, plaintiff in the District Court, seeks mandamus to require respondent, District Judge Sirica, to grant a jury trial in a pending civil action.

Respondent, as pre-trial judge, permitted the defendants to withdraw their demand for a jury trial filed three years ago. Petitioner says this is in contravention of Rule 38, Fed.R.Civ.P.