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DeJORIS v. UNITED STATES

No. 26600.

409 F.2d 2 (1969)

Julio DeJORIS, Plaintiff-Appellant-Cross Appellee, v. UNITED STATES of America, Defendant-Appellee-Cross Appellant.

United States Court of Appeals Fifth Circuit.

March 21, 1969.

Attorney(s) appearing for the Case

Sidney A. Soltz, Miami, Fla., J. Leonard Fleet, Hollywood, Fla., for plaintiff-appellant-cross appellee.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Stephen H. Hutzelman, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, Fla., Meyer Rothwacks, Gilbert E. Andrews, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee-cross appellant.

Robert L. Steuer, Asst. U. S. Atty., of counsel.

Before PHILLIPS, BELL and MORGAN, Circuit Judges.

PER CURIAM:

DeJoris brought this action to recover $1,050 in cabaret taxes paid by him, on the ground that they were unlawfully assessed. The United States filed a counterclaim. From a judgment on a jury verdict in favor of the United States for $18,851.40 on its counterclaim, DeJoris has appealed.

Two issues are presented:

1. The sufficiency of the evidence to support the verdict; and

2. The correctness of an instruction given to the jury...

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