The following excerpt is from S.E.C. v. Rind, 991 F.2d 1486 (9th Cir. 1993):
Two issues are to be addressed in determining whether the right of trial by jury attaches to a statutory claim. First, we must "compare the statutory action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity." Tull v. United States, 481 U.S. 412, 417, 107 S.Ct. 1831, 1835, 95 L.Ed.2d 365 (1987). Second, we must "examine the remedy sought and determine whether it is legal or equitable in nature." Id. at 417-18, 107 S.Ct. at 1835. The second inquiry is more important. Id. at 421, 107 S.Ct. at 1837.
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