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Dairy Queen (D) and McCullough (P) entered into an agreement where D agreed to pay for the use of P’s trademark in certain locations in Pennsylvania. When D defaulted on contract payment terms, P wrote a letter alleging that D was in material breach. D continued to use the trademarks and P sued for breach of contract seeking injunctive relief and an accounting to determine any monies that may be owed. The district court granted a motion to strike D's demand for a trial by jury as the action was purely equitable or the legal issues raised were incidental to the equitable issues, and in either case, no right to a jury trial existed. D sought mandamus for vacatur against Wood, the judge. The Appeals Court denied the request without opinion. The Supreme Court granted certiorari.

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