Legal Opinion

In Re: Bertram Zweibon

Court of Appeals for the D.C. Circuit

Decided September 21, 1977No. 77-1325PublishedCited by 42 opinions

1Per curiam

The present case comes before this court on a petition for a writ in the nature of mandamus pursuant to the All Writs Act, 28 U.S.C. § 1651 (1970), and Rule 21, Fed. R. App. P. Petitioners, plaintiffs in Zweibon v. Mitchell, D. D.C. Civil Action No. 2025-71, request this court to review and order reversal of the District Court’s order striking their motion for a jury trial. We find (1) that mandamus is available to remedy deprivation of the right to trial by jury, and (2) that petitioners have not waived their right-to demand a jury trial on the issue of the “good faith” of the defendants.

I.…

2Cases cited12 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Richard W. Hostrop v. Board of Junior College District No. 515, Counties of Cook and Will and Stateof Illinois, a Body Politic and CorporateCourt of Appeals for the Seventh Circuit · 1975
  4. Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States of AmericaCourt of Appeals for the D.C. Circuit · 1975
  5. Fed. Sec. L. Rep. P 93,342 William Dasho v. The Susquehanna CorporationCourt of Appeals for the Seventh Circuit · 1972

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3Cited by42 opinions

  1. LaMarca v. TurnerCourt of Appeals for the Eleventh Circuit · 1993
  2. In Re Adele HalkinCourt of Appeals for the D.C. Circuit · 1979
  3. Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1983
  4. John C. Trotter v. Jack Anderson Enterprises, Inc. And Jack AndersonCourt of Appeals for the Fifth Circuit · 1987
  5. Burns v. LawtherCourt of Appeals for the Eleventh Circuit · 1995

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