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KELLY v. SYRIA SHELL PETROLEUM DEVELOPMENT B.V.

No. 99-20095.

213 F.3d 841 (2000)

Annie KELLY; Jeanette Carpenter, Plaintiffs-Appellants, v. SYRIA SHELL PETROLEUM DEVELOPMENT B.V., et al., Defendants, Syria Shell Petroleum Development B.V.; Al Furat Petroleum Company; N.V. Koninklije Nederlandsche Petroleum Matsenappij; Royal Dutch Petroleum; The Shell Transport and Trading Company, Defendants-Appellees. Kathy Strong, Individually and as Next Friend of John Strong, a minor, Plaintiff-Appellant, v. Syria Shell Petroleum Development B.V.; et al., Defendants, Syria Shell Petroleum Development B.V.; Al Furat Petroleum Company; N.V. Koninklije Nederlandsche Petroleum Matsenappij, also known as Royal Dutch Petroleum Company; The Shell Transport and Trading Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 31, 2000.

Attorney(s) appearing for the Case

William T. Powell, Norman & Powell, Houston, TX, for Kelly and Carpenter.

Phillip B. Dye, Jr., Gwendolyn Johnson Samora (argued), Vinson & Elkins, Houston, TX, for Defendants-Appellees.

Kevin Philip Parker (argued), W. Mark Lanier, Lanier, Parker & Sullivan, Houston, TX, for Strong.

Before BARKSDALE, BENAVIDES and STEWART, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue are whether, pursuant to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1330, 1602-11, Al Furat Petroleum Company is an "organ" of Syria for purposes of defeating subject matter jurisdiction; and, if it is, whether immunity is precluded by the FSIA commercial activity exception, 28 U.S.C. § 1605(a)(2). The district court dismissed Al Furat for lack of subject matter jurisdiction;...

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