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Amoco Oil Co. v. Torcomian

United States Court of Appeals for the Third Circuit

722 F.2d 1099 (3d Cir. 1983)

Relevant factsFree

Amoco (plaintiff) sued to eject Torcomian (defendant) from a gas station, moving to amend its complaint to strip out legal damages claims to avoid triggering Torcomian's jury-trial right, but the court nonetheless awarded Amoco lost-profit damages — a legal remedy — and Torcomian's counterclaim for breach of an alleged franchise agreement was also legal in nature.

IssueFree

Whether an ejectment claim combined with a claim for lost profits is an equitable claim that can defeat a right to a jury trial.

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