(DOWNLOAD) "Simler v. Conner" by Supreme Court of the United States " Book PDF Kindle ePub Free
eBook details
- Title: Simler v. Conner
- Author : Supreme Court of the United States
- Release Date : January 18, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This Court granted certiorari, 368 U.S. 966, to review the decision of the Court of Appeals for the Tenth Circuit, holding that in a diversity action in the Federal District Court, state law, here that of Oklahoma, governs in determining whether an action is ""legal"" or ""equitable"" for the purpose of deciding whether a claimant has a right to a jury trial. Applying Oklahoma law, the Court of Appeals decided that a jury trial, although asked for by petitioner, was not here appropriate. 295 F.2d 534. In this Court respondent frankly concedes that, contrary to the Court of Appeals holding, federal law governs in determining the right to a jury trial in the federal courts. Respondent seeks to sustain the result reached by the Court of Appeals, however, on the twin grounds that, applying federal law, no jury was required in this case because (1) the District Court properly granted summary judgment for respondent under Rule 56 of the Federal Rules of Civil Procedure and (2) the present action is ""equitable"" and not ""legal"" in character.
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