John M. Shubin v. United States District Court For The Southern District Of California, Central Division

299 F.2d 47 John M. SHUBIN and Peter S. Shubin, Petitioners, v. The UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, Respondent, and S. Vincen Bowles, Inc., Respondent. No. 17590. United States Court of Appeals Ninth Circuit. December 29, 1961. William Douglas Sellers, Pasadena, Cal., for appellant. Fulwider, Mattingly & Huntley, Wm. K. Rieber, Frederick E. Mueller, Los Angeles, Cal., for respondent. Before BARNES, HAMLIN and JERTBERG, Circuit Judges. PER CURIAM. 1 Before us is a petition for mandamus to require the district court to grant petitioners a jury trial on certain issues raised by a proposed amended counter-claim. 2 The original complaint below sought declaratory relief as to whether the then defendants' (here petitioners Shubin) patent was valid; and denied infringement by plaintiff. The original answer and counterclaim sought an injunction and an accounting, and demanded a jury. After plaintiff below sought leave to strike the defendants' demand for a jury trial, upon the ground only equitable issues were involved, defendants below sought to amend their counterclaim to eliminate all need for equitable relief, and to allege…