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AF-CAP INC. v. REPUBLIC OF CONGO

Nos. 03-50506, 03-50560.

383 F.3d 361 (2004)

AF-CAP INC., Plaintiff-Appellant, v. The REPUBLIC OF CONGO; Defendant-Appellee, CMS Oil and Gas Co.; et al., Garnishees, CMS Nomeco Congo Inc.; The Nuevo Congo Co.; Nuevo Congo Ltd., Garnishees-Appellees. Af-Cap Inc., Plaintiff-Appellant, v. The Republic of Congo, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 2004.

Attorney(s) appearing for the Case

Laura Metcoff Klaus, Sanford M. Saunders, Jr. (argued), Greenberg Traurig, Washington, DC, for AF-CAP, Inc.

Boaz S. Morag (argued), Cleary, Gottlieb, Steen & Hamilton, New York City, for Republic of Congo.

Guy Stanford Lipe (argued), Vinson & Elkins, Houston, TX, for Garnishees-Appellees.

Before JOLLY and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal is the second in this case. The Republic of Congo is attempting to avoid its undisputed debt by claiming sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), notwithstanding that, in the Lending Contract, it pledged as collateral all of its assets and properties, and expressly waived its sovereign immunity. The district court concluded that the Congo was entitled to claim immunity under the provisions of...

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