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O'BRYAN v. HOLY SEE

Nos. 07-5078, 07-5163.

549 F.3d 431 (2008)

James H. O'BRYAN, Donald E. Poppe, and Michael J. Turner, Plaintiffs-Appellees/Cross-Appellants, v. HOLY SEE, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 24, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey S. Lena, Law Offices of Jeffrey S. Lena, Berkeley, California, for Appellant. William F. McMurry, McMurry & Associates, Prospect, Kentucky, for Appellees. Lewis Yelin, United States Department of Justice, Washington, DC, for Intervenor. ON BRIEF: Jeffrey S. Lena, Law Offices Of Jeffrey S. Lena, Berkeley, California, John D. Dyche, R. Gregg Hovious, Fultz, Maddox, Hovious & Dickens, Louisville, Kentucky, for Appellant. William F. McMurry, Adrienne W. Kim, McMurry & Associates, Prospect, Kentucky, Douglas H. Morris II, Lea A. Player, Morris & Player, Prospect, Kentucky, for Appellees. Lewis Yelin, Douglas N. Letter, United States Department of Justice, Washington, DC, for Intervenor.

Before: MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant Holy See appeals the district court's denial, in part, of its motion to dismiss all of plaintiffs' claims due to lack of subject matter jurisdiction. The Holy See contends that the district court has no subject matter jurisdiction over plaintiffs' claims because the Holy See is immune from suit as a foreign state pursuant to the Foreign Sovereign Immunities...

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