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UNITED STATES v. McMAHAN

No. 75-3915.

569 F.2d 889 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Henry L. McMAHAN et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 17, 1978.

Attorney(s) appearing for the Case

Fred L. Somers, Jr., John W. Gibson, Atlanta, Ga., for defendants-appellants.

William L. Harper, U. S. Atty., Wm. D. Mallard, Jr., Asst. U. S. Atty., Atlanta, Ga., Scott P. Crampton, Asst. Atty. Gen., Crombie J. D. Garrett, William S. Estabrook, III, Tax Div., Gilbert Andrews, Act. Chief App. Sec., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, C. J., and TUTTLE, Senior Circuit Judge, and COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

TUTTLE, Senior Circuit Judge:

The court has taken this case for en banc reconsideration of a single issue concerning the right to a jury trial under the Seventh Amendment to the United States Constitution.1 More precisely, the issue is whether the defendant in an action by the United States to enforce the provisions of 26 U.S.C. §§ 6671(b) and 66722 has the right to demand the convening of a jury...

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