Schaefer v. Gunzburg

246 F.2d 11 George J. SCHAEFER, Appellant, v. Milton J. GUNZBURG, Natural Vision Corporation, Natural Sound Corporation, Natural Vision Theater Equipment Corporation, Vera Gunzburg, Julian Gunzburg, Samuel Gunzburg and Rose Berch, Appellees. No. 15208. United States Court of Appeals Ninth Circuit. April 26, 1957. Harry L. Gershon, Beverly Hills, Cal., Fitelson & Mayers, New York City, for appellant. Mitchell, Silberberg & Knupp, Arthur Groman, Los Angeles, Cal., for appellees. Before STEPHENS, FEE and BARNES, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 There is but one question in this case. Plaintiff contends he was deprived of a jury trial, to which he was entitled in virtue of the Seventh Amendment to the federal Constitution. The cause was tried in the District Court upon specified issues by the judge alone, sitting without a jury. The judge entered findings of fact and conclusions of law in favor of defendants and against plaintiff, and dismissed the suit on the merits. Before this Court, plaintiff emphatically states: 2 'On this appeal, it is not contended that the evidence is insufficient to support the pertinent Findings of Fact or that such Findings of Fact…