No. 04-56389.

487 F.3d 759 (2007)

Subir GUPTA, Plaintiff-Appellee, v. THAI AIRWAYS INTERNATIONAL, LTD., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted May 30, 2007.

Filed May 30, 2007.

Attorney(s) appearing for the Case

Mark S. Priver, Ohashi & Priver, Pasadena, CA, and David A. Nelson, Nelson Law Firm, P.C., Pasadena, CA, for the defendant-appellant.

Luis E. Lopez, Lopez & Morris, LLP, Riverside, CA, for the plaintiff-appellee.

Before: EUGENE E. SILER, JR., A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge.

Thai Airways, International ("Thai Airways") appeals from the district court's order denying Thai Airways' motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). Thai Airways claims the district court erred in refusing to recognize the preclusive effect ("res judicata") of an earlier order dismissing, under the Foreign Sovereign Immunities Act ("FSIA" or "Act"), 28 U.S.C. §§ 1330, 1602 et...

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