beacon theatres westover argued december decided may anticipation suit petitioner treble damages sherman clayton acts prospective defendant brought suit petitioner federal district declaratory judgment settled key issues antitrust suit prayed bringing suit enjoined pending outcome declaratory judgment litigation petitioner filed counterclaim raising issues raised antitrust suit treble damages demanded jury trial purporting act exercise discretion rules federal rules civil procedure district ruled try equity without jury issues common proceedings trying petitioner counterclaim appeals held district acted within proper scope discretion denied petitioner application writ mandamus requiring district set aside ruling held judgment appeals reversed pp district finding complaint declaratory relief presented basically equitable issues draws support declaratory judgment act specifically preserves right jury trial parties petitioner entitled jury trial treble damage suit deprived right merely prospective defendant took advantage availability declaratory relief sue petitioner first since right trial jury applies treble damage suits antitrust laws essential part congressional plan making competition rather monopoly rule trade antitrust issues raised declaratory judgment suit essentially jury questions assuming pleadings construed support request injunction threats lawsuits alleging kind harassment multiplicity lawsuits traditionally justified equity taking jurisdiction settling case one suit nevertheless declaratory judgment act federal rules civil procedure neither claim justify denying petitioner trial jury issues antitrust controversy pp today existence irreparable harm inadequacy legal remedies basis injunctive relief must determined precedents discarded procedures light remedies made available declaratory judgment act federal rules civil procedure pp viewed manner use discretion district rule deprive petitioner full jury trial issues antitrust controversy justified mandamus available writs act require jury trial improperly denied jack corinblit argued cause petitioner brief elwood kendrick frank johnston argued cause respondents brief hudson cox justice black delivered opinion petitioner beacon theatres sought mandamus require district judge southern district california vacate certain orders alleged deprive jury trial issues arising suit brought fox west coast theatres inc appeals ninth circuit refused writ holding trial judge acted within proper discretion denying petitioner request jury granted certiorari maintenance jury body importance occupies firm place history jurisprudence seeming curtailment right jury trial scrutinized utmost care dimick schiedt fox asked declaratory relief beacon alleging controversy arising sherman antitrust act stat amended clayton act stat authorizes suits treble damages sherman act violators according complaint fox operates movie theatre san bernardino california long exhibiting films contracts movie distributors contracts grant exclusive right show first run pictures san bernardino competitive area provide clearance period time theatre exhibit pictures building theatre miles san bernardino beacon notified fox considered contracts barring simultaneous exhibitions films two theatres overt acts violation antitrust laws fox complaint alleged notification together threats treble damage suits fox distributors gave rise duress coercion deprived fox valuable property right right negotiate exclusive contracts unless beacon restrained complaint continued irreparable harm result accordingly pleading styled complaint declaratory relief fox prayed declaration grant clearance fox beacon theatres reasonable violation antitrust laws injunction pending final resolution litigation prevent beacon instituting action antitrust laws fox distributors arising controversy alleged complaint beacon filed answer counterclaim fox exhibitor intervened denied threats asserted substantial competition two theatres clearances granted therefore unreasonable conspiracy existed fox distributors manipulate contracts clearances restrain trade monopolize pictures violation antitrust laws treble damages asked beacon demanded jury trial factual issues case provided federal rule civil procedure district however viewed issues raised complaint declaratory relief including question competition two theatres essentially equitable acting purported authority rules directed issues tried jury determination validity charges antitrust violations made counterclaim common issue complaint declaratory relief counterclaim reasonableness clearances granted fox depended part existence competition two theatres thus effect action district appeals believed limit petitioner opportunity fully try jury every issue bearing upon treble damage suit determination issue clearances judge might operate either way res judicata collateral estoppel conclude parties respect thereto subsequent trial treble damage claim district finding complaint declaratory relief presented basically equitable issues draws support declaratory judgment act fed rules civ see also stat ed statute allowing prospective defendants sue establish nonliability specifically preserves right jury trial parties follows beacon entitled jury trial treble damage suit fox deprived right merely fox took advantage availability declaratory relief sue beacon first since right trial jury applies treble damage suits antitrust laws fact essential part congressional plan making competition rather monopoly rule trade see fleitmann welsbach street lighting sherman clayton act issues fox sought declaration essentially jury questions nevertheless appeals refused upset order district judge held question whether right jury trial existed judged fox complaint read whole addition seeking declaratory judgment said fox complaint read making valid plea injunctive relief thus stating claim traditionally cognizable equity party entitled maintain suit equity injunction said may issues suit determined judge without jury regardless whether legal rights involved rejected argument equitable relief traditionally available legal remedies inadequate rendered unnecessary case filing counterclaim presented issues necessary determination right injunctive relief relying american life ins stewart decided enactment federal rules civil procedure invoked principle sitting equity retain jurisdiction even though later legal remedy became available instances equity discretion enjoin later lawsuit order allow whole dispute determined one case one reasoning analogy appeals held abuse discretion district judge acting federal rule civil procedure try equitable cause first even though might collateral estoppel prevent full jury trial counterclaim effectively stopped equity injunction beacon takes issue holding appeals complaint stated claim upon equitable relief granted initially filed complaint alleged threats lawsuits petitioner fox distributors causing irreparable harm fox business relationships prayer relief however made mention threats asked pending litigation claim declaratory judgment beacon enjoined beginning lawsuits antitrust laws fox distributors arising controversy alleged complaint evidently opinion prayer state good claim equitable relief appeals construed include request injunction threats lawsuits liberal construction pleading line rule federal rules civil procedure see conley gibson fact solve problem assuming pleadings construed support request assuming additionally complaint read alleging kind harassment multiplicity lawsuits traditionally justified equity take jurisdiction settle case one suit nevertheless opinion declaratory judgment act federal rules civil procedure neither claim justify denying beacon trial jury issues antitrust controversy basis injunctive relief federal courts always irreparable harm inadequacy legal remedies least much required justify trial using discretion federal rules allow claims equitable origins tried ahead legal ones since effect equitable injunction legal claims immaterial judging discretion properly employed federal rules declaratory judgment act passed courts equity exercising jurisdiction separate courts law cases allowed enjoin subsequent legal actions parties involving controversy subsequent legal action though providing opportunity try case jury might protect right equity plaintiff fair orderly adjudication controversy see new york life ins seymour circumstances legal remedy quite naturally deemed inadequate inadequacy remedy irreparable harm practical terms however existence today must determined precedents decided discarded procedures light remedies made available declaratory judgment act federal rules viewed manner use discretion trial rule deprive beacon full jury trial counterclaim well fox plea declaratory relief justified federal rules may try legal equitable causes action fed rules civ thus defenses equitable legal fox may charges antitrust violations raised either suit declaratory relief answer beacon counterclaim proper showing harassment threats suits suits actually brought involving issues tried case temporarily enjoined pending outcome litigation whatever permanent injunctive relief fox might entitled basis decision case course given jury renders verdict way issues parties settled one suit giving beacon full jury trial every antitrust issue cf ring spina contrast holding granting fox additional protection unless avoidance jury trial considered compel beacon split antitrust case trying part judge part jury result involves postponement subordination fox legal claim declaratory relief well counterclaim beacon compelled federal rules bring permissible decision consistent plan federal rules declaratory judgment act effect substantial procedural reform retaining distinction jury nonjury issues leaving substantive rights unchanged since federal courts equity always acted legal remedies inadequate expansion adequate legal remedies provided declaratory judgment act federal rules necessarily affects scope equity thus justification equity deciding legal issues obtains jurisdiction refusing dismiss case merely subsequently legal remedy becomes available must light liberal joinder provisions federal rules allow legal equitable causes brought resolved one civil action similarly need therefore availability equitable remedies bills peace quia timet injunction must reconsidered view existence declaratory judgment act well liberal joinder provision rules accord spirit rules act required provision rules right trial jury declared seventh amendment constitution given statute shall preserved inviolate cases availability declaratory judgment joinder one suit legal equitable causes respects protect plaintiff seeking equitable relief irreparable harm affording jury trial legal cause trial necessarily use discretion deciding whether legal equitable cause tried first since right jury trial constitutional one however similar requirement protects trials discretion narrowly limited must wherever possible exercised preserve jury trial said scott neely federal courts jury right dispensed except assent parties entitled impaired blending claim properly cognizable law demand equitable relief aid legal action pendency longstanding principle equity dictates imperative circumstances circumstances view flexible procedures federal rules anticipate right jury trial legal issues lost prior determination equitable claims see leimer woods shown far case respondent claims mandamus available writs act whatever differences opinion may types cases think right grant mandamus require jury trial improperly denied settled judgment appeals reversed footnotes prayers aside general equitable plea relief deems proper added nothing material set fed rules civ reads furtherance convenience avoid prejudice may order separate trial claim counterclaim claim separate issue number claims claims issues rule reads part may order speedy hearing action declaratory judgment may advance calendar see american lumbermens mut cas timms howard hargrove american cent ins johnson fidelity casualty see fed rules civ compare enelow new york life ins american life ins stewart see also city morgantown royal ins peake lincoln nat life ins ettelson metropolitan life ins recognized orders enabling equitable causes tried legal ones effect injunctions city morgantown royal ins denied least orders status injunctions purposes appealability course imply orders came reviewed examined less strictly injunctions see smyth ames detroit detroit citizens street cf matthews rodgers pennsylvania wheeling belmont bridge parker winnipiseogee lake cotton woollen black enelow new york life ins see cook cases equity ed pomeroy equity jurisprudence ed moore federal practice morris jury trial federal fusion law equity tex rev cf maryland theater brennan md hasselbring koepke cf pomeroy equity jurisprudence ed significantly appeals relied procedural changes brought federal rules found plea equitable relief valid relying conley gibson emphasized liberal construction policies rules since issue violation antitrust laws often turns reasonableness restraint trade light facts see standard oil particularly undesirable relevant considerations tried one fact finder another fed rules civ see fed rules civ see also stainback mo hock ke lok po yellow cab see stat derived act stat provision antedates seventh amendment discussed moore federal practice see hipp babin insurance bailey wall grand chute winegar wall buzard houston see fed rules civ cf prudential ins saxe morris jury trial federal fusion law equity tex rev see pomeroy equity jurisprudence ed moore federal practice cf see also note joinder rules equity jurisdiction avoidance multiplicity suits md rev course unless issue right jury trial rights depend whether cause legal equitable one question adequacy legal remedies purely academic need arise fed rules civ delegating responsibility drawing rules congress declared rules shall abridge enlarge modify substantive right shall preserve right trial jury common law declared seventh amendment constitution seventh amendment reads suits common law value controversy shall exceed twenty dollars right trial jury shall preserved fact tried jury shall otherwise according rules common law see hurwitz hurwitz app cf genesee chief fitzhugh long emphasized importance jury trial see parsons bedford pet see also galloway dissenting opinion example flexible procedures available federal rules see ring spina ex parte simons ex parte peterson bereslavsky caffey cir canister leahy cir black boyd cf bruckman hollzer cf chappell see also la buy howes leather justice stewart justice harlan justice whittaker concur dissenting doubt litigant entitled writ mandamus protect clear constitutional statutory right jury trial denial right district judge simply exercised inherent discretion explicitly confirmed federal rules civil procedure schedule trial equitable claim advance action law even abuse discretion think attacked extraordinary writ mandamus event abuse discretion apparent case complaint filed fox stated claim traditionally cognizable equity claim brief beacon wrongfully interfered right fox compete freely beacon distributors licensing films exhibition san bernardino area complaint alleged plaintiff without adequate remedy law irreparably harmed unless defendant restrained continuing interfere coercion threats litigation plaintiff lawful business relationships appeals found complaint although inartistically drawn contained allegations entitling petitioner equitable relief finding accepted prevailing opinion today complaint answered simply general denial therefore issues traditional principles triable proceeding equity instead putting issue allegations complaint however beacon filed pleadings affirmatively alleged existence broad conspiracy among plaintiff theatre owners monopolize exhibition films san bernardino area refrain competing among discriminate beacon granting film licenses based upon allegations beacon asked damages amount clearly conspiracy allegations stated cause action triable right jury demanded beacon however jury trial cause action also issues presented original complaint upon motion fox trial judge ordered original action declaratory equitable relief tried separately advance trial defendant counterclaim damages order carefully preserved right trial jury upon conspiracy damage issues raised counterclaim conformity specific provisions federal rules civil procedure yet decided today appeals must compel district judge rescind assuming existence factual issue common plaintiff original action defendant counterclaim damages agree district must compelled try counterclaim first course matter great moment order issues parties present litigation tried disturbing process arrives decision process appears disregard historic relationship equity law suggests expansion adequate legal remedies provided declaratory judgment act necessarily affects scope equity mean say mere availability action declaratory judgment operates furnish adequate remedy law deprive equity power act novel line reasoning least implied opinion declaratory judgment act expand substantive law act merely provided new statutory remedy neither legal equitable available areas equity law declaratory relief sought right trial jury depends upon basic context issues presented see moore federal practice ed borchard declaratory judgments ed basic issues action declaratory relief kind traditionally cognizable equity suit cancellation written instrument declaratory judgment remedy law hand issues arise context traditionally cognizable common law right jury trial course remains unimpaired even though relief demanded declaratory judgment thus case complaint asked merely judgment declaring plaintiff specified manner business dealings distributors exhibitors render liable beacon antitrust laws simply juxtaposition parties case beacon demanded jury trial complaint present case recognizes presented issues exclusively equitable cognizance going well beyond mere defense subsequent action law fox sought protection beacon allegedly unlawful interference business relationships protection seems recognize might afforded declaratory judgment unsupplemented equitable relief availability declaratory judgment therefore operate confer upon beacon right trial jury respect issues raised complaint ii opinion course hold even suggest equity may never determine legal rights indeed precisely rights chancellor jurisdiction properly invoked often called upon decide issues fact rarely either legal equitable depends upon context arise examples cited chief judge pope thorough opinion appeals case illustrative suit one possession real property quiet title remove cloud title equity may determine legal title suit specific performance contract may determine making validity terms contract involved suit injunction trespass real property may determine legal right plaintiff possession property cf pomeroy equity jurisprudence though apparently disputing principles holds quite apart reliance upon declaratory judgment act beacon filing counterclaim acquired right trial jury issues otherwise properly triable support position found principle federal courts equity always acted legal remedies inadequate yet principle employed traditional sense limitation upon exercise power equity apparent recognition allegations complaint entitled fox equitable relief relief fox entitled adequate remedy law instead principle employed today mean possible counterclaim jury trial factual issue substantial competition issue must tried jury even though issue primarily presented original claim equitable relief marked departure principles established rule equitable jurisdiction existing filing bill destroyed adequate legal remedy may become available thereafter american life ins stewart see dawson kentucky distilleries also long settled district discretion may order trial suit equity advance action law parties even factual issue common words justice cardozo writing unanimous american life ins stewart supra control docket exercise sound discretion may hold one lawsuit abeyance abide outcome another especially parties issues request made respondents suspend suits equity till causes disposed district considered whether justice done pursuing course remedy equity exceptional outcome necessity many circumstances weighed instance condition calendar whether insurer precipitate adversaries dilatory well factors end benefit hardship set one balance ascertained iii today sweeps away basic principles precedents decided discarded procedures suggests federal rules civil procedure somehow worked expansion adequate legal remedies oust district courts equitable jurisdiction well deprive traditional power control dockets obviously federal rules expand substantive law one whit like declaratory judgment act federal rules preserve inviolate right trial jury actions historically cognizable common law constitution must create right trial jury right exist constitution statutes rule since beacon counterclaim compulsory rules see rule apparent filing beacon held waived jury rights compare american mills american surety neither counterclaim held transformed fox original complaint action law see bendix aviation glass supp rules make possible trial legal equitable claims proceeding expressly affirm power trial judge determine order claims shall heard rule certainly federal rules intended undermine basic structure equity jurisprudence developed centuries explicitly recognized constitution reasons think petition writ mandamus dismissed compare black boyd black boyd cf de groot peters cal california bd california cal app compare kessler eldred international news serv associated press truax raich rule provides separate trials furtherance convenience avoid prejudice may order separate trial claim counterclaim claim separate issue number claims counterclaims claims issues note rule advisory committee rules certain issues tried jury others may determine sequence issues shall tried language one time contained draft rules deleted power adequately given rule moore federal practice ed see also rule provides inter alia may order speedy hearing action declaratory judgment may advance calendar altogether clear stage proceedings whether existence substantial competition fox beacon actually material issue fact common equitable claim counterclaim damages respondent ingeniously argues determination equitable suit issue competition theatres determinative little nothing counterclaim damages fact issue action equitable declaratory relief whether fox west coast california theatre petitioner substantially competitive fact issue counterclaim whether therein named conspired together restraint trade monopolize manner alleged counterclaim absent conspiracy whether distributors licensed single first run picture petitioner substantial competition substantial competition first run theatres san bernardino area petitioner made case counterclaim petitioner counterclaim fail prove conspiracy issue competition theatres meaningless petitioner hand succeeds proving allegations counterclaim conspiracy monopolize first run discriminate new existence competition theatres exculpate none alleged wrongdoers although absence competition first run theatres petitioner contended answer complaint might difficulty proving injury business state farm mut auto ins mossey connecticut general life ins candimat supp dickinson general accident assur hargrove american cent ins pacific indemnity mcdonald moore federal practice ed transposition parties perhaps accurate description typical case one plaintiff uses declaratory judgment procedure seek determination nonliability legal claim asserted defendant defendant case course entitled jury trial suggestion subsequent legal action though providing opportunity try case jury might protect right equity plaintiff fair orderly adjudication controversy plainly inconsistent many cases rule applied see beedle bennett clark wooster arguable case factually similar american life ins stewart arise declaratory judgment act defendant entitled jury trial see cf moore federal practice ed congressional authorization rules expressly provided said rules shall neither abridge enlarge modify substantive rights litigant stat see suits common law value controversy shall exceed twenty dollars right trial jury shall preserved fact tried jury shall otherwise according rules common law amend vii see rules fed rules civ proc course suggest filing permissive legal counterclaim equitable complaint amount waiver jury rights issues raised counterclaim determination whether claim stated complaint triable jury normally dependent upon legal equitable character counterclaim see borchard declaratory judgments ed situations however case plaintiff seeks declaration invalidity noninfringement patent relief sought counterclaim determine nature entire case see moore federal practice ed judicial power shall extend cases law equity art iii