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A farmer sued a botanist in federal court, alleging that pollutants from the botanist's property were traveling to the farmer's property in the water stream that they shared, polluting the farmer's land and reducing the market value of the farmer's land. The farmer sought an injunction against the botanist's continuing pollution of the stream and money damages for the diminution in value of the farmer's property that had already resulted. The suit was properly based on diversity jurisdiction. The botanist made a timely request for a jury trial.
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A is incorrect. The Supreme Court has declared that an issue common to both legal and equitable claims in the same proceeding must be tried by a jury when a jury has been timely and properly requested.
B is incorrect. On the contrary, purely equitable relief is a basis for NOT allowing a jury trial. When an issue is common to both legal and equitable claims, as is the case here, the Court has held that the Seventh Amendment right to a jury trial will apply.
C is incorrect. The botanist would not have a right to a jury trial as to facts that would bear only on whether the court should grant the requested injunction, as injunctions are a form of equitable relief. There is no Seventh Amendment right to a jury trial for matters that are relevant only to equitable relief. However, the issues go to both legal and equitable forms of relief, which is why the botanist does have the right to a jury trial.