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MINISTRY OF DEF. AND SUPPORT v. CUBIC DEF. SYS.

No. 03-55015.

495 F.3d 1024 (2007)

The MINISTRY OF DEFENSE AND SUPPORT FOR THE ARMED FORCES OF THE ISLAMIC REPUBLIC OF IRAN, as Successor in Interest to the Ministry of War of the Government of Iran, Plaintiff-Appellant, v. CUBIC DEFENSE SYSTEMS, INC., as Successor in Interest to Cubic International Sales Corporation, Defendant, v. Dariush Elahi, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2007.

Amended July 17, 2007.

Attorney(s) appearing for the Case

David J. Bederman, Law Office of David J. Bederman, Esq., Atlanta, GA (argued), Anthony J. Van Patten, Glendale, CA, Mina Amassi, Los Altos, CA, for the plaintiff-appellant.

Jonathan R. Mook, DiMuroGinsberg, P.C., Alexandria, VA (argued), Philip J. Hirschkop, Hirschkop & Assoc., P.C., Alexandria, VA, for the intervenor-appellee.

Lewis S. Yelin, Dept. of Justice, Civil Division, Washington, DC (argued), Peter D. Keisler, Assistant Attorney General, Carol C. Lam, United States Attorney, Douglas N. Letter, Appellate Litigation Counsel, for United States as amicus curiae.

Before: B. FLETCHER, KIM McLANE WARDLAW, and RAYMOND C. FISHER, Circuit Judges.

Opinion by Judge BETTY B. FLETCHER; Dissent by Judge FISHER.

ORDER

The opinion filed on May 30, 2007 is amended as follows:

On slip opinion page 6405, footnote 2, line 2, replace the phrase ", not against private parties" with "and counterclaims arising from the same transactions." At the end of that paragraph after "See Claims Settlement Declaration . . . http:// www.iusct.org/claims-settlement.pdf" add the following citation:; "see also...

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