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DUBAI PETROLEUM CO. v. KAZI

No. 97-1068.

12 S.W.3d 71 (2000)

DUBAI PETROLEUM COMPANY, Conoco, Inc., Dresser Industries, Inc. d/b/a Dresser-Rand Company, Aeroquip Corporation, Solar Turbines Incorporated and Energy Service International, Ltd. a/k/a ESI, Inc., Petitioners, v. Sabiha Alimuddin KAZI, individually and as representative of the estate of Alimuddin Sirajuddin Kazi, deceased, and as guardian for Mumtaz Alimuddin Kazi and Shehnaz Alimuddin Kazi, children, Sirajuddin Najmuddin Kazi, father, Farida Sirajuddin Kazi, mother, Respondents.

Supreme Court of Texas.

Decided February 10, 2000.

Attorney(s) appearing for the Case

Larry Funderburk, Michael A. Plotz, Michael K. Bell, Tracy J. Willi, Gregory G. Funderburk, JoAnn Storey, Houston, for Petitioners.

Jeffrey W. Mankoff, Dallas, for Respondents.

Chief Justice PHILLIPS delivered the opinion of the Court, in which Justice HECHT, Justice OWEN, Justice BAKER, Justice ABBOTT, Justice HANKINSON, Justice O'NEILL and Justice GONZALES joined.

We withdraw our January 6 opinion and substitute the following.

Section 71.031 of the Texas Civil Practice and Remedies Code permits suit for the personal injury or wrongful death of a citizen of a foreign country, if the decedent or injured party's country of citizenship has "equal treaty rights" with the United States. In this wrongful death case, we hold that the "equal treaty rights" requirement is not jurisdictional and that the plaintiffs have satisfied their...

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