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IN RE B-727 AIRCRAFT SERIAL NO. 21010

No. 00-11018.

272 F.3d 264 (2001)

In Re B-727 AIRCRAFT SERIAL NO. 21010, etc.; et al., Plaintiffs. Hashemite Kingdom of Jordan, ex rel. by and through His Excellency Dr. Marwan Muasher, Ambassador and Chief of Mission to the United States in his Official Capacity, Plaintiff-Appellant, v. Layale Enterprises, S.A., Appellee.

United States Court of Appeals, Fifth Circuit.

October 31, 2001.

Attorney(s) appearing for the Case

Stuart H. Newberger (argued), Crowell & Moring, Washington, DC, Larry E. Cotten, Kirkley, Schmidt & Cotten, Fort Worth, TX, for Plaintiff-Appellant.

Robert L. Knebel, Jr. (argued), Delbert L. Gibbs, Fernandez & Gibbs, Dallas, TX, for Appellee.

Before POLITZ and BARKSDALE, Circuit Judges, and FALLON, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The primary issue at hand is whether an in rem action brought by an ambassador in a representative capacity constitutes an action "against" that ambassador, so that a federal district court has subject matter jurisdiction pursuant to 28 U.S.C. § 1351 ("original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against", inter alia, ambassadors). For lack of such jurisdiction...

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