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CALIFORNIA DEPT. OF WATER v. POWEREX CORP.

No. 06-15285.

533 F.3d 1087 (2008)

CALIFORNIA DEPARTMENT OF WATER RESOURCES, Plaintiff-Appellee, v. POWEREX CORP., a Canadian Corporation, dba Powerex Energy Corp., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2008.

Attorney(s) appearing for the Case

David C. Frederick (briefed and argued), Kellogg, Huber, Hansen, Todd, Evans and Figel, Washington, D.C., for the defendant-appellant.

Annadel A. Almendras (briefed and argued) and Song J. Hill (briefed), Office of the Attorney General of the State of California, San Francisco, CA, for the plaintiff-appellee.

Mark B. Stern (briefed and argued) and Alisa B. Klein (briefed), United States Department of Justice, Washington, D.C., for the United States as amicus curiae.

Roy T. Englert, Jr. (briefed), Robbins, Russell, Englert, Orseck and Untereiner, Washington, D.C., for the Province of British Columbia as amicus curiae.

Margaret K. Pfeiffer (briefed), Sullivan and Cromwell, Washington, D.C., for the Government of Canada as amicus curiae.

Before: ROBERT E. COWEN, HAWKINS and N. RANDY SMITH, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

In this second look, we re-examine whether Powerex, a Canadian corporation that markets and distributes electric power, is a "foreign state" within the meaning of the Foreign Sovereign Immunities Act of 1976 ("FSIA"). 28 U.S.C. § 1603(a), (b). Four years ago, we held that it was not, but the Supreme Court vacated that decision without resolving the issue. California v. NRG Energy Inc., 391 F.3d 1011...

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