IN RE JENSEN

No. 90-5627.

946 F.2d 369 (1991)

In re Robert L. JENSEN and Martha S. Jensen, Petitioners.

United States Court of Appeals, Fifth Circuit.

October 22, 1991.


Attorney(s) appearing for the Case

Rudy Vasquez, San Antonio, Tex., for petitioners.

David S. Gragg, J. Vince Hightower, Jeffers, Brook, Kreager & Gragg, San Antonio, Tex., for Union Bank and Grant Hollingsworth.

Bruce Waitz, Waitz, Greer & Cennamo, San Antonio, Tex., for Carl Strating, Tres Tech Corp. and Charles Richardson.

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This petition for mandamus poses two questions regarding the Seventh Amendment right to trial by jury of all suits at common law. The first question is whether petitioners' claims are legal or equitable in nature. We find that under the Supreme Court's test in Granfinanciera v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989), at least some of petitioners' claims are properly...

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