· 4/8/1974
R. Glen FENSTERMACHER, Appellant, v. PHILADELPHIA NATIONAL BANK and Carson Investment Company
Citations
- 493 F.2d 333
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff waived his right to a jury trial by “solicit[ing] . . . a final adjudication” in injunctive proceedings
- stating that \no error can be predicated on insufficiency of notice since its purpose had been served.\
- noting that party’s failure to object to district court’s consolidation of the merits with a preliminary injunction hearing constituted a waiver of any defects stemming from the consolidation because the party had “acquiesced in the procedure followed in the district court”
- affirming district court’s refusal to admit deposition testimony of a party where counsel’s argument in support was only “to prove my case,” and the district court found this insufficient to establish relevance
- where plaintiff sought final equitable relief and acquiesced in consolidated hearing on preliminary injunction and the merits, he effectively waived jury trial though time for demand had not passed
- \[N]o error can be predicated on insufficiency of notice since its purpose had been served.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Biggs, Adams, Ro-Senn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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