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ALDY v. VALMET PAPER MACHINERY

No. 95-30295.

74 F.3d 72 (1996)

Lynda ALDY, on behalf of Charles Durwood ALDY, Individually and as legal representative; Janet M. Walker, Plaintiffs-Appellees, v. VALMET PAPER MACHINERY, Globe Inc., Thornton Indust. Inc., Fenner Fluid Power, Fenner P.L.C., and J.H. Fenner & Co., Ltd., Defendants, v. Valmet OY, Defendant-Appellant. Mary Ann Buggs MALONE, Marcus T. Malone, Keith T. Malone and Mia Shalette Malone, Plaintiffs-Appellees, v. VALMET PAPER MACHINERY and Thornton Industries, Inc., Defendants, v. Valmet OY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied March 6, 1996.

Attorney(s) appearing for the Case

Kirby J. Guidry, Baton Rouge, LA, Joseph Jerome McKernan, McKernan Law Firm, Baton Rouge, LA, for plaintiffs-appellees Aldy and Walker.

Michael Evan Jaffe, Arent, Fox, Kintner, Plotkin and Kahn, Washington, DC, Randall J. Boe, Washington, DC, Peter J. Butler, Jr., Deutsch, Kerrigan & Stiles, New Orleans, LA, for Oy.

Donald R. Avery, Edselle K. Cunningham, Avery & Cunningham, Baton Rouge, LA, for Malones.

Before REAVLEY, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 6, 1996.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents the applicability of the commercial activities exception to the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq., in a products liability suit asserting failure to warn, design, and manufacturing defects in a machine designed and manufactured in Finland and installed in Louisiana. We conclude that the exemption...

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