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PROVINCIAL GOV'T OF MARINDUQUE v. PLACER DOME

No. 07-16306.

582 F.3d 1083 (2009)

PROVINCIAL GOV'T OF MARINDUQUE, Plaintiff-Appellant, v. PLACER DOME, INC.; Barrick Gold Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2009.

Attorney(s) appearing for the Case

Walter J. Scott, James D. McCarthy (argued), and David H. Ammons, Diamond McCarthy LLP, Dallas, TX; Neil Peck, Snell & Wilmer LLP, Denver, CO; Patrick G. Byrne, Las Vegas, NV, for the plaintiff-appellant.

Steve Morris, Rex D. Garner, Morris Pickering & Peterson, Las Vegas, NV; Jerrold J. Ganzfried (argued), Edward Han, Martin Cunniff, Howrey LLP, Washington, DC, for the defendants-appellees.

Before M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges, and FREDERIC BLOCK, District Judge.

McKEOWN, Circuit Judge:

Under the act of state doctrine, "the acts of foreign sovereigns taken within their own jurisdiction shall be deemed valid." W.S. Kirkpatrick & Co. v. Environmental Tectonics Corp., 493 U.S. 400, 409, 110 S.Ct. 701, 107 L.Ed.2d 816 (1990). Founded on international law, the doctrine also serves as a basis for federal-question jurisdiction when the plaintiff's complaint challenges the validity of a foreign...

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