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Civil Procedure Keyed to Cound
Segal v. American Cas. Co
Facts
The Plaintiffs claimed they were entitled to a jury trial notwithstanding the fact that the action had been removed from the Circuit Court of Worcester County in 1963, that the answer was filed in 1964 and the demand for jury trial was not made until 1965. Plaintiffs claimed that under state law, they would be entitled to a jury trial even in the absence of the 1965 demand. The rule of the court from which the case was removed stated that if request for a jury trial was not made at the preliminary call of the docket, a jury trial could not be had.
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