This section contains the nature of the case and procedural background.

Tull (D) was charged with violation of the Clean Water Act for discharging fill material into wetlands. The Government (P) sued D for a civil penalty. It sought injunctive relief as well as civil penalties in excess of $22 million. By the time the complaint was filed, D had sold most of the property, and an injunction was proper only for a small part of the land. The district court denied D's motion for a jury trial. It found that D had illegally filled in the wetlands area and gave judgment to P for $325,000. The court of appeals affirmed the ruling holding that D was not entitled to a jury trial. The Supreme Court granted certiorari.

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