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SHERER v. CONSTRUCCIONES AERONAUTICAS, S.A.

No. 91-4190.

987 F.2d 1246 (1993)

Dierdre M. SHERER, Administratrix of the Estate of David W. Sherer, Deceased, Plaintiff-Appellant, v. CONSTRUCCIONES AERONAUTICAS, S.A., a Foreign Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1993.

Attorney(s) appearing for the Case

Robert A. Marcis (argued and briefed), Spangenberg, Shibley, Traci, Lancione & Liber, Cleveland, OH, for plaintiff-appellant.

John P. Witri, Baker & Hostetler, Cleveland, OH, Stephen R. Stegich (argued and briefed), Peter F. Tamigi, Condon & Forsyth, New York City, for defendant-appellee.

Before: JONES and SILER, Circuit Judges; and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

This action arises from a plane crash in March 1987 in which Appellant Dierdre Sherer's decedent was killed. Construcciones Aeronauticas, S.A. (CASA), the manufacturer of the plane, is a Spanish corporation which is largely owned by the Spanish government. As such, it is an "agency or instrumentality of a foreign state" for purposes of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1608. Under the FSIA, unless there...

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