Simler v. Conner,
372 U.S. 221 (1963)

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U.S. Supreme Court

Simler v. Conner, 372 U.S. 221 (1963)

Simler v. Conner

No. 59

Argued January 9-10, 1963

Decided February 18, 1963

372 U.S. 221


1. In a diversity of citizenship action in a Federal District Court, federal law governs in determining whether the plaintiff is entitled to a jury trial. P. 372 U. S. 222.

2. Although the action in this case was in form a declaratory judgment action, it was, in basic character, a suit to determine and adjudicate the amount of fees owing to a lawyer by a client under a contingent fee contract; it was "legal," not "equitable," in character, and the plaintiff was entitled to a jury trial. P. 372 U. S. 223.

295 F.2d 534, reversed.

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