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JACKSON v. PEOPLE'S REPUBLIC OF CHINA

No. 84-7744.

794 F.2d 1490 (1986)

Russell JACKSON, et al.; individually and on behalf of all other holders of five percent Hukuang Railways Bearer Bonds issued by the Imperial Chinese Government in 1911, similarly situated, Plaintiffs-Appellants, v. The PEOPLE'S REPUBLIC OF CHINA, a foreign government, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 3, 1986.

Attorney(s) appearing for the Case

W. Eugene Rutledge, Birmingham, Ala., for plaintiffs-appellants.

Michael F. Hertz, Dept. of Justice, Commercial Litigation Branch, Civ. Div., Washington, D.C., Frank W. Donaldson, U.S. Atty., Birmingham, Ala., Herbert J. Lewis, III, Birmingham, Ala., for Amicus Curiae.

Eugene Theroux, Baker & McKenzie, Washington, D.C., for defendant-appellee.

Before GODBOLD, Chief Judge, JOHNSON, Circuit Judge, and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 3, 1986.

GODBOLD, Chief Judge:

We must decide whether in this case the courts of the United States have subject matter jurisdiction over the People's Republic of China. This requires us to examine whether the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. § 1330, 1391 and 1602, et seq., which confers subject matter jurisdiction over foreign sovereigns (with various exceptions), is to...

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