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Eileen Bailey, administratrix of the estate of Jeffrey Bailey ("Bailey"), appeals from a judgment of the United States District Court for the District of Vermont (Billings, J.) finding in favor of defendant Canadian National Railway ("CNR") in an action brought under the Federal Employers Liability Act ("FELA"), 45 U.S.C. §§ 51-60 (1982). Appellant also challenges an earlier ruling of the district court that, pursuant to the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1602-1611 (1982), and 28 U.S.C. § 1330(a) (1982), struck her demand for a jury trial. See Bailey v. Grand Trunk Lines New England, 609 F.Supp. 48 (D.Vt.1984). We affirm Judge Billings' decision with respect to the jury trial issue, but vacate the judgment as to liability and remand for further proceedings.


Eileen BAILEY, Plaintiff-Appellant, v. GRAND TRUNK LINES NEW ENGLAND, Canadian National Railway, Midline Division, St. Lawrence Region, Defendants-Appellees.

No. 454, Docket 85-7583.

United States Court of Appeals, Second Circuit.

Argued November 19, 1985.

Decided November 19, 1986.

New York Law School Location:

File #68, Box #31