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GERDING v. REPUBLIC OF FRANCE

No. 90-2503.

943 F.2d 521 (1991)

Christopher GERDING, Administrator of the Estate of Leslie Margaret Gerding, Deceased; Christopher Gerding, Individually; Charles Christian Gerding, Individually; Joan Fraser Gerding, Plaintiffs-Appellants, v. REPUBLIC OF FRANCE; Ministere Des Postes Et Des Telecommunications Et de La Telediffusion; France Cables & Radio; Direction Des Telecommunications Sous-Marines; Direction Telecommunications Reseau Exterieur; Companie Francaise Des Cables Sous-Marines; N/C LEON THEVENIN, in rem in the Atlantic Ocean; Claude Voiry, M.D.; Atlantic Cable Maintenance Association, Jointly and Severally; Compania Telefonica National de Espana, a corporation organized and existing under the laws of Spain, a/k/a CTNE, a/k/a Telefonica, and having its principal office at Madrid, Spain, Defendants-Appellees, and Transoceanic Cable Ship Co.; American Telephone and Telegraph Company, Bell Labs; Bell Telephone Laboratories, Incorporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 5, 1991.

As Amended November 21, 1991.

Attorney(s) appearing for the Case

Ronald Roger Allen, Jr. (Joseph D. Pizzurro, Curtis, Mallet-Prevost, Colt & Mosle, New York City, David M. Feitel, Jeffrey G. Cook, Miles & Stockbridge, Baltimore, Md., on brief), Curtis, Mallet-Prevost, Colt & Mosle, New York City, for defendants-appellees.

Edmund J. O'Meally, Blum, Yumkas, Mailman, Gutman & Denick, P.A., Baltimore, Md. Robert A. Kosseff, Trubman, Chaiken & Kosseff, David L. Lockard, Philadelphia, Pa., on brief, for plaintiffs-appellants.

Before PHILLIPS, Circuit Judge, CHAPMAN, Senior Circuit Judge, and KELLAM, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

The personal representative and survivors of Leslie Gerding (collectively, the Gerdings) appeal the district court's dismissal of their action seeking damages for the death of Leslie Gerding against the Republic of France and other French officials and agencies (hereinafter "French defendants")* on the grounds of immunity under the Foreign Sovereign Immunities...

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