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THEO. H. DAVIES & CO. v. REPUBLIC OF MARSHALL ISLANDS

No. 96-16876.

174 F.3d 969 (1998)

THEO. H. DAVIES & CO., LTD., dba Pacific Machinery, Plaintiff-Appellant, v. REPUBLIC OF THE MARSHALL ISLANDS; Kwajalein Atoll Development Authority; Kwajalein Atoll Joint Utilities Resources, Defendants-Appellees, and International Bridge Construction, Inc., Defendant.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1998.

Amended April 23, 1999.

Attorney(s) appearing for the Case

Wesley H. Sakai, Jr., Bendet, Fidell, Sakai & Lee, Honolulu, Hawaii, for the plaintiff-appellant.

James McCaffrey, San Ysidro, California, and John T. Hoshibata, Crabtree & Hoshibata, Honolulu, Hawaii, for the defendants-appellees.

Thomas C. Sterling, Klemm, Blair, Sterling & Johnson, Agana, Guam, for the defendant.

Before: REINHARDT, NOONAN and THOMPSON, Circuit Judges.

ORDER

The opinion filed November 17,1998 and published at 161 F.3d 550 (9th Cir.1998) is amended as follows:

1. At page 553, right-hand column, just after the cite to 28 U.S.C. 1603(d), the paragraph which begins with the language "PacMac's claim in this case" is amended to read:

PacMac's claim in this case is based on the commercial conduct of KA.DA and KAJUR in the United States. In response to the improper functioning...

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