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KENSINGTON INTERN. LTD. v. REPUBLIC OF CONGO

Docket No. 05-1988-cv.

461 F.3d 238 (2006)

KENSINGTON INTERNATIONAL LIMITED, Plaintiff-Appellee, v. REPUBLIC OF CONGO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 25, 2006.

Attorney(s) appearing for the Case

Boaz S. Morag (Vitali S. Rosenfeld on the brief), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for Defendant-Appellant.

Robert A. Cohen, Dechert LLP (Ross L. Hirsch, Dechert LLP, Kevin S. Reed, Quinn Emanuel Urquhart Oliver & Hedges, LLP, on the brief), New York, NY, for Plaintiff-Appellee.

Before MESKILL, WINTER, and SOTOMAYOR, Circuit Judges.

WINTER, Circuit Judge.

The Republic of Congo appeals from Judge Preska's order directing it to post security for the costs and expenses of plaintiff Kensington International Limited. The Congo argues that the order violates the Foreign Sovereign Immunities Act. 28 U.S.C. § 1602-1611 ("FSIA").

We dismiss the appeal because the order is not appealable under the collateral order doctrine. Construing the appeal as a petition for a writ of mandamus, we deny...

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