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

313 F.2d 250 136 U.S.P.Q. 405 John M. SHUBIN and Peter S. Shubin, Petitioners, v. The UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, Respondent, The Honorable William M. Byrne, Judge of theUnited States District Court for the Southern District of California, CentralDivision,Respondent, and S. Vincen Bowles, Inc., Respondent. No. 17590. United States Court of Appeals Ninth Circuit. Jan. 31, 1963, Rehearing Denied March 7, 1963. William Douglas Sellers, Pasadena, Cal., for petitioners Shubin. Fulwider, Mattingly & Huntley, Warren Patton and William K. Rieber, Los Angeles, Cal., for respondent Bowles. Before BARNES, HAMLIN and JERTBERG, Circuit Judges. BARNES, Circuit Judge. 1 This is a petition for a writ of mandamus requiring the District Court to grant petitioners a jury trial on certain issues raised by an existing, and a proposed amended, counterclaim. We have already ruled that the granting of leave to file said amended counterclaim was a discretionary matter with the trial court. We reaffirm that position. 2 Petitioners' second position is that they are entitled to a jury on the issue raised by the complaint and the original…