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FLATOW v. ISLAMIC REPUBLIC OF IRAN

No. 00-56446.

308 F.3d 1065 (2002)

Stephen M. FLATOW, Plaintiff-Appellant, Bank Saderat Iran, Claimant-Appellee, v. The ISLAMIC REPUBLIC OF IRAN, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2002.

Attorney(s) appearing for the Case

Thomas Fortune Fay, and Jane Carol Norman, Washington, DC, for the appellant.

Steven W. Kerekes, Beverly Hills, CA, for the appellee.

Robert D. McCallum, Jr., Assistant Attorney General, Patrick K. O'Toole, United States Attorney, and Douglas N. Letter, H. Thomas Byron III, and Anne Murphy, Attorneys, USDJ, Washington, DC, for the amicus, United States Department of Justice.

Ellen Pattin, Olney, MD, for the amicus, Marine Corps Aviation Association.

Before: BRIGHT, B. FLETCHER, and FISHER, Circuit Judges.

BRIGHT, Circuit Judge.

Petitioner Stephen M. Flatow appeals the dismissal of his action to levy against California real estate owned by Bank Saderat Iran ("BSI") pursuant to a default judgment entered against the Islamic Republic of Iran by the United States District Court for the District of Columbia. The District Court for the Southern District of California agreed with BSI that the property in question was not an asset of the judgment debtor and therefore released...

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