U.S. FIDELITY AND GUAR. v. BRASPETRO OIL SERVICES

Docket Nos. 99-7603, 99-7605.

199 F.3d 94 (1999)

UNITED STATES FIDELITY AND GUARANTY COMPANY, and American Home Assurance Company, Plaintiffs-Appellees, v. BRASPETRO OIL SERVICES COMPANY and Petroleo Brasileiro S.A.-Petrobras, Defendants-Appellants, Bank of Tokyo-Mitsubishi, Ltd., (Formerly Known as Bank of Tokyo Ltd.—Japan), Long Term Credit Bank of Japan, Ltd., Sequip ParticipaÇÕes S.A., Industrias Verolme-Ishibras S.A., IVI International, Ltd. S.A., Sade Vigesa S.A., Sade Vigesa Corporation of America, Sade Vigesa (Chile) S.A., Internacional De Engenharia S.A., Inepar AdministraÇÃo E ParticipaÇÕes S.A., Inepar Industria E ConstruÇÕes, S.A., SV Engenharia S.A., Sade Vigesa Industrial E ServiÇÕs S.A., John Doe Subsidiaries, Affiliates, Successors, Assigns, or Associated Companies or Corporations of Sequip Participacoes S.A., John Doe Affiliates, Successors, Assigns, or Subsidiaries of Sade Vigesa S.A., Sade Vigesa Corporation of America or Sade Vigesa (Chile) S.A., and John Doe Subsidiaries, Successors, Assigns, Affiliates or Associated Companies or Corporations of Inepar AdministraÇÃo E ParticipaÇÕes S.A. or of Inepar Industria E ConstruÇÕes S.A., Defendants.

United States Court of Appeals, Second Circuit.

Decided: December 9, 1999.


Attorney(s) appearing for the Case

Larry W. Thomas, Cameron & Hornbostel, Washington, DC, for Appellants.

Ian A.L. Strogatz, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for Appellees.

Before: MESKILL, MINER, and PARKER, Circuit Judges.


PER CURIAM:

In the lead case (99-7603-(L)) of the two cases consolidated in this appeal, United States Fidelity & Guaranty Co. ("USFG") and American Home Assurance Co. ("AHAC") (collectively the "Sureties") sued Braspetro Oil Services Co. ("Brasoil"), among others, seeking a declaration of their obligations and liabilities under two performance guarantee bonds. Brasoil moved to dismiss the suit for lack of subject matter jurisdiction, lack of personal jurisdiction...

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