The following excerpt is from U.S. Financial Securities Litigation, In re, 609 F.2d 411 (9th Cir. 1979):
20 We recognize the principle that this court must first ascertain whether it is possible to construe whatever statute is involved in a case so as to avoid the constitutional question. Curtis v. Loether, 415 U.S. 189, 192 n. 6, 94 S.Ct. 1005, 39 L.Ed.2d 260 (1974). The parties do not even consider this in their briefs, nor does this court need to be detained long by it. The present case is primarily based upon the federal securities law which does not contain any indication whether jury trial should be allowed in private civil damage actions under its provisions. See generally 15 U.S.C. 77a, Et seq. In the absence of any wholly statutory grounds, we must therefore look to the constitutional question under the Seventh Amendment.
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