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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Robert L. Lennon v. United States Theatre Corporation, 920 F.2d 996 (1990)

Citation
Robert L. Lennon v. United States Theatre Corporation, 920 F.2d 996 (1990)
Parent Document
Robert L. Lennon v. United States Theatre Corporation, 920 F.2d 996 (1990)
Effective Date
1990-12-07

Other Sections in This Document (59)

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There remain two outstanding issues, neither of which calls for much discussion. First, Lennon contends that the district court erred in denying him a jury trial. But as the court noted, Lennon failed to oppose U.S. Theatre’s motion to strike his demand for a jury trial. Besides, the lease contains a provision (§ 23) that explicitly waives the parties’ right to a jury trial in any suit. Lennon tries to concoct an “ambiguity” here too, by pointing to what is arguably a portion of the lease form (perhaps a cover), unsigned but with a space for signature, that waives the tenant’s right to a jury trial in cases where the landlord has initiated the suit. Lennon suggests that this writing implies, by omis *1002