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KIRKHAM v. SOCIÉTÉ AIR FRANCE

No. 04-7209.

429 F.3d 288 (2005)

Elisabeth KIRKHAM, Appellee v. SOCIÉTÉ AIR FRANCE, t/a Air France, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 2005.

Attorney(s) appearing for the Case

Lynn E. Calkins argued the cause and filed the briefs for appellant.

Athan T. Tsimpedes argued the cause and filed the brief for appellee. John M. Shoreman entered an appearance.

Before: TATEL and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Under the Foreign Sovereign Immunities Act, foreign states enjoy immunity from suit in federal court unless the plaintiff's claim falls within one of several enumerated exceptions. This case involves the "commercial activity" exception, which applies to any action "based upon a commercial activity carried on in the United States by the foreign...

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