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ADLER v. FEDERAL REPUBLIC OF NIGERIA

Nos. 98-55456, 98-55460.

219 F.3d 869 (2000)

James E. ADLER, aka Jaime Adler; El Surtidor Del Hogar, S.A. de C.V., a Mexican Corporation, Plaintiffs-Appellees-Cross-Appellants, v. The FEDERAL REPUBLIC OF NIGERIA, a Sovereign State; Central Bank of Nigeria; Paul Ogwuma, aka Paul Oguma; Nigerian National Petroleum Corporation, Defendants-Appellants-Cross-Appellees, and Chief Abba Ganna Hen George; C. Odibo, Balla Peters; Stanley Eke; Solomon Daniels; Clement Victor Odozi, Chief John Olisa A. Ahmed; Major Usman David Pascal Uzo; Ukpo Akpan; Chike Okonkwo; Alhaji Jubril Abdullahi; Andrew Ayomanu; Edmund Odafe; Mallam Abubakar; A. Ahmed; Pascal Uzo, Defendants-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2000

As Amended on Denial of Rehearing and Rehearing August 17, 2000.

Attorney(s) appearing for the Case

Richard E. McCarthy, Solomon, Ward, Seidenwurm & Smith, San Diego, California, for the plaintiffs-appellees-cross-appellants.

David H. Fromm, Brown Gavalas & Fromm, LLP, New York, New York, attorneys for the defendants-appellants-cross-appellees.

Before: PREGERSON, NOONAN, and O'SCANNLAIN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 17, 2000.

Opinion by Judge PREGERSON; Dissent by Judge NOONAN.

PREGERSON, Circuit Judge:

At the center of this case is an illegal contract between plaintiff James Adler and various Nigerian individuals, including at least one government official, to convert Nigerian government funds for their personal use. The individual Nigerian defendants proposed the agreement to Adler, but did not perform...

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