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DeJoris v. United States

United States Court of Appeals, Fifth Circuit
Mar 21, 1969
409 F.2d 2 (5th Cir. 1969)

Summary

finding that an unobjected to error was not plain, fundamental and prejudicial such that it should be noted by the court

Summary of this case from Crawford v. Falcon Drilling Co., Inc.

Opinion

No. 26600.

March 21, 1969.

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.

Of the Tenth Circuit, sitting by designation.


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.

A review of the record leaves us without any doubt that the verdict was supported by substantial evidence and should not be disturbed.

Counsel for DeJoris did not object to the instruction given by the court, in accordance with the provisions of Rule 51 of the Federal Rules of Civil Procedure, nor at all. Neither did he request an instruction on the matter covered by the instruction which he now undertakes to assert as error. We are convinced that the instruction, if erroneous, which we do not hold, did not constitute such a plain, fundamental and prejudicial error that we should notice it, absent an objection in accordance with such Rule 51.

Affirmed.


Summaries of

DeJoris v. United States

United States Court of Appeals, Fifth Circuit
Mar 21, 1969
409 F.2d 2 (5th Cir. 1969)

finding that an unobjected to error was not plain, fundamental and prejudicial such that it should be noted by the court

Summary of this case from Crawford v. Falcon Drilling Co., Inc.
Case details for

DeJoris v. United States

Case Details

Full title:Julio DeJORIS, Plaintiff-Appellant-Cross Appellee, v. UNITED STATES of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 21, 1969

Citations

409 F.2d 2 (5th Cir. 1969)

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