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MCI TELECOMMUNICATIONS CORP. v. ALHADHOOD

No. 95-50161.

82 F.3d 658 (1996)

MCI TELECOMMUNICATIONS CORPORATION, Plaintiff-Appellee, v. Subhi ALHADHOOD, Captain, et al., Defendants. The Ministry of Defense of the United Arab Emirates and State of the United Arab Emirates, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 13, 1996.

Attorney(s) appearing for the Case

John P. Wintrol, Melvin White, Amy E. Hancock, McDermott, Will & Emery, Washington, DC, Stuart R. Schwartz, El Paso, TX, for plaintiff-appellee.

Victor F. Poulos, Richard B. Perrenot, Mayfield and Perrenot, El Paso, TX, for defendants-appellants.

John T. Szymkowicz, Szymkowicz and Buffington, Washington, DC, for State of the United Arab Emirates, defendant-appellant.

Before HIGGINBOTHAM, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Defendants-Appellants appeal the district court's order denying their motion to vacate default judgment on the basis of their sovereign immunity under the Foreign Sovereign Immunities Act ("FSIA"). The district court found that Defendants-Appellants made promises to Plaintiff-Appellee MCI Telecommunications Corporation ("MCI") that qualified as commercial activity under the commercial activity exception of the FSIA, 28 U.S.C. § 1605...

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