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SOUTHWAY v. CENTRAL BANK OF NIGERIA

No. 01-1436.

328 F.3d 1267 (2003)

Henry T. SOUTHWAY, also known as Butch Southway; Douglas Houghton, also known as Doug Houghton; J.E. Losavio, Jr., Plaintiffs-Appellants, and Southway Construction Company; Randy Thurston; Russ Gray, doing business as Gray Real Estate, Plaintiffs, v. CENTRAL BANK OF NIGERIA; Republic Of Nigeria, Defendants-Appellees, and Kirk Patterson Brown, doing business as The Communications Connection, also known as Kirk P. Brown, doing business as The Communications Connection; Helen Tomicich Brown, doing business as The Communications Connection, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 13, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs: Max Addison Wilson, Esq., Pueblo, CO, for Plaintiffs-Appellants and Defendants-Appellants.

Robert J. Brown, David H. Fromm, and Fred G. Wexler of Brown, Gavalas & Fromm LLP, New York, NY, for Defendants-Appellees.

Before HENRY, Circuit Judge, and HOLLOWAY and BRORBY, Senior Circuit Judges.

HOLLOWAY, Senior Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34 1(G). The case is therefore ordered submitted without oral argument.

This suit alleges fraud perpetrated by the government of Nigeria. Nigeria asserts its sovereign immunity...

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