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HERERO PEOPLE'S REPARATIONS CORP. v. DEUTSCHE BANK

No. 03-7110.

370 F.3d 1192 (2004)

The HERERO PEOPLE'S REPARATIONS CORPORATION, et al., Appellants, v. DEUTSCHE BANK, A.G. and Woermann Line, d/b/a Deutsche Afrika-Linien Gmblt & Company, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2004.

Attorney(s) appearing for the Case

Philip M. Musolino argued the cause and filed the briefs for appellants.

Jeffrey Barist argued the cause for appellee Deutsche Bank, A.G. With him on the brief was Jeffrey L. Nagel. David S. Cohen entered an appearance.

Alan Kanzer argued the cause for appellee Woermann Line. With him on the brief was Torsten M. Kracht. Dwight C. Smith III entered an appearance.

Before: HENDERSON, RANDOLPH, and ROBERTS, Circuit Judges.

RANDOLPH, Circuit Judge:

Those who appeal the dismissal of their complaint for failure to state a claim ordinarily argue their claim has merit. In this case, the appellants seek to convince us their claim had far less merit than the district court believed; that it was, in fact, so insubstantial that federal question jurisdiction did not exist. A ruling to this effect would send the case back to the Superior Court of the District of Columbia where it began and would...

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