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ORIENT MINERAL CO. v. BANK OF CHINA

Nos. 05-4037, 05-4048, 05-4220.

506 F.3d 980 (2007)

ORIENT MINERAL COMPANY, a Nevada corporation; Wil-Bao Mineral Co., a limited liability company formed under the laws of the People's Republic of China, Plaintiffs-Appellants, Cross-Appellees, v. BANK OF CHINA, a foreign banking institution doing business in the United States, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

October 24, 2007.

Attorney(s) appearing for the Case

Robert W. Ludwig, Jr., Ludwig & Robinson, P.L.L.C., Washington, D.C. (Allan O. Walsh, McKay, Burton & Thurman, Salt Lake City, UT, with him on the briefs) for Plaintiff-Appellants-Cross-Appellees Orient Mineral Company and Wil-Bao Mineral Company.

Christopher Brady, Butzel Long, a Professional Corporation, New York, NY, (Orlee Goldfeld, Butzel Long, a Professional Corporation, New York, NY, and Arthur B. Berger, Ray Quinney & Nebeker, Salt Lake City, UT, with him on the briefs) for Defendant-Appellee-Cross-Appellant Bank of China.

Before KELLY and EBEL, Circuit Judges, and MURGUIA, District Judge.

EBEL, Circuit Judge.

These appeals require this court to determine, among other things, the extent to which investors in Chinese gold mines can sue the Bank of China (the "Bank") in an American court. Because the Bank was owned and operated by the People's Republic of China, an American court's subject matter jurisdiction must be found under the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1602-11. The FSIA provides that a foreign sovereign is...

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