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CMSM v. M/T RESPECT

No. 95-56874.

89 F.3d 650 (1996)

CORPORACION MEXICANA DE SERVICIOS MARITIMOS, S.A. DE C.V., A Mexican corporation, Plaintiff-Counter-Defendant-Appellee, Pemex-Refinacion, Plaintiff-In-Intervention-Counter-Defendant-Appellee, v. The M/T RESPECT, her Engines, Boilers, etc., in rem and Respect Shipping Private Limited, a Singapore corporation and Trans Petrol Services N.V., a Belgian corporation, in personam, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1996.

As Amended on Denial of Rehearing August 28, 1996.

Attorney(s) appearing for the Case

David E.R. Woolley and Thomas G. Walsh, Williams Woolley Cogswell Nakazawa & Russell, Long Beach, California, for defendants-counter-claimants-appellants.

Albert E. Peacock, III, Keesal, Young & Logan, Anchorage, Alaska; Robert D. Feighner, Keesal, Young and Logan, Long Beach, California, for plaintiff-in-intervention-counter-defendant-appellee.

Ambassador Miguel Angel Gonzales Felix, Legal Advisor of the Secretariat of Foreign Relations of Mexico, United Mexican States, Mexico D.F., Mexico, for amicus.

Before: O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge.

TROTT, Circuit Judge:

In this case we decide whether Pemex-Refinacion (Pemex-Refining), a subsidiary of Petroleos Mexicanos (Pemex), is an "agency or instrumentality of a foreign state" under 28 U.S.C. § 1603(b) and therefore eligible for the protection of the Foreign Sovereign Immunities Act (FSIA or Act), 28 U.S.C. §§ 1602-1611. It is. However, we hold that Pemex-Refining waived, in part, its immunity by intervening...

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