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BOARD OF REGENTS OF UNIV. OF TEXAS SYSTEM v. NIPPON TEL. AND TEL. CORP.

No. 05-51432.

478 F.3d 274 (2007)

The BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, on behalf of The University of Texas at Austin; Hydro-Quebec, Plaintiffs-Appellees, v. NIPPON TELEPHONE AND TELEGRAPH CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 1, 2007.

Attorney(s) appearing for the Case

William A. Brewer, III, James Stephen Renard (argued), Joyce Marie Hellstern, Bickel & Brewer, Daniel Francisco Perez, Akin Gump Strauss Hauer & Feld, Dallas, TX, for Plaintiffs-Appellees.

Gerald C. Conley (argued), Timothy E. Taylor, Tonya M. Gray, Andrews & Kurth, Dallas, TX, for Defendant-Appellant.

Before BARKSDALE, DeMOSS and PRADO, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judges.

Having removed this action from state court, Nippon Telegraph & Telephone Corporation (NTT), Japan's largest telecommunications company, challenges the district court's denial of its motion to dismiss. In this interlocutory appeal, NTT asserts: it is an "organ of a foreign state", pursuant to the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1603(b)(2); and, therefore, it is entitled to immunity from federal ...

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