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TAIWAN v. U.S. DIST. CT. FOR N.D.

No. 97-70375.

128 F.3d 712 (1997)

TAIWAN, (also known as, for the purpose of this proceeding, "Governmental Authorities of Taiwan"); Taipei Economic and Cultural Representative Office in the U.S. (formerly known as the "Coordination Council for Northern American Affairs") and Overseas Chinese Affairs Commission, Petitioners, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent,

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1997.

Attorney(s) appearing for the Case

Charles Bond, Charles Bond & Associates, Berkley, CA, David J. Yang, San Francisco, CA, for Petitioners.

Eugene A. Brodsky, Brodsky, Baskin & Shapiro, San Francisco, CA, for Real Party in Interest.

Irene M. Solet, United States Department of Justice, Washington, DC, for Amicus Curiae.

Before: SNEED, FLETCHER, and REINHARDT, Circuit Judges.

SNEED, Circuit Judge:

This case is before us on a petition for a writ of mandamus. The issue before us is a limited one. We must decide the scope of testimonial immunity accorded to employees of the Taipei Economic and Cultural Representative Office (TECRO) under the Taiwan Relations Act (TRA).

This issue arises from a suit for the wrongful death of Peter Sun who drowned in the waters off southern Taiwan while on a Study Tour organized by the government of...

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