“ Respondent seeks to sustain the result reached by the Court of Appeals, however, on the twin grounds that, applying federal law, no jury was required in this case because (1) the District Court properly granted summary judgment for respondent under Rule 56 of the Federal Rules of Civil Procedure and (2) the present action is 'equitable' and not 'legal' in character.
We agree with respondent that the right to a jury trial in the federal courts is to be determined as a matter of federal alw in diversity as well as other actions. ”

“ Wood, 369 U.S. 469, 82 S.Ct. 894, 8 L.Ed.2d 44. Only through a holding that the jurytrial right is to be determined according to federal law can the uniformity in its exercise which is demanded by the Seventh Amendment [1] be achieved. ”