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

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

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. 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. 223.

295 F.2d 534, reversed.