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BIG SKY NETWORK v. SICHUAN PROVINCIAL

No. 07-4014.

533 F.3d 1183 (2008)

BIG SKY NETWORK CANADA, LTD., a British Virgin Islands corporation, Plaintiff-Appellant, v. SICHUAN PROVINCIAL GOVERNMENT, a subdivision of the People's Republic of China, and Qingyang District Government, a subdivision of the People's Republic of China, a foreign state, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

Matthew N. Evans of Ray Quinney & Nebeker P.C. (Maria E. Heckel, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellant.

Christopher T. Handman of Hogan & Hartson LLP, Washington, D.C. (Craig A. Hoover and Jake M. Shields of Hogan & Hartson LLP, Washington, D.C., and Robert S. Clark and Kara M. Houck of Parr Waddoups Brown Gee & Loveless, Salt Lake City, UT, with him on the brief), for Defendants-Appellees.

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Seeking to capitalize on the growth of broadband cable access in China, Big Sky Network Canada ("Big Sky") formed a joint venture with a Chinese company to provide cable services to Chengdu City, the capital of Sichuan Province in central China. In response to a subsequent national directive banning foreign ownership of cable companies, two sub-national governments — the defendants in this action— allegedly required Big Sky's...

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