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AF-CAP, INC. v. REPUBLIC OF CONGO

Nos. 05-50290, 05-50782 and 05-51168.

462 F.3d 417 (2006)

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

United States Court of Appeals, Fifth Circuit.

August 23, 2006.

Attorney(s) appearing for the Case

Steve D. McConnico, Jane M.N. Webre, Quentin Doug Sigel, Thomas A. Albright, Scott, Douglass & McConnico, Austin, TX, Sanford M. Saunders, Jr., Laura Metcoff Klaus (argued), Robert Phillip Charrow, Greenberg Traurig, Tobin J. Romero, Williams & Connolly, Washington, DC, for Af-Cap, Inc.

Guy Stanford Lipe, Marie Roach Yeates (argued), Gwendolyn Johnson Samora, Vinson & Elkins, Eleanor Herbert Hodges, Thompson & Knight, Houston, TX, Marc E. Vockell, Dell, Inc., Round Rock, TX, Andrew B. Derman, Thompson & Knight, Dallas, TX, for Garnishees-Appellees.

Boaz S. Morag (argued), Cleary, Gottlieb, Steen & Hamilton, New York City, Donald Scott Thomas, Jr., Clark, Thomas & Winters, Austin, TX, for Republic of Congo.

Sharon Swingle (argued), Douglas N. Letter, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for U.S.

Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.

BENAVIDES, Circuit Judge:

This appeal concerns an ongoing battle by Af-Cap, Inc. to receive payment from the Republic of Congo on an outstanding debt. At issue are (1) the district court's dissolution of garnishment writs that would have allowed Af-Cap to garnish royalties owed to the Congo; (2) a turnover order that requires the Congo to receive monetary payment (as opposed to in kind payment) of the royalties and requires its debtors to pay the royalties into the...

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