MORTIMER OFF SHORE v. FEDERAL REPUBLIC OF GERMANY

Docket Nos. 08-1783-cv (L), 08-2358-cv (XAP).

615 F.3d 97 (2010)

MORTIMER OFF SHORE SERVICES, LTD., Plaintiff-Appellant-Cross-Appellee, v. The FEDERAL REPUBLIC OF GERMANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 26, 2010.


Attorney(s) appearing for the Case

Peder A. Garske (Mark A. Cymrot & Mark W. DeLaquil, on the brief), Baker & Hostetler LLP, Washington, DC, for Plaintiff-Appellant-Cross-Appellee.

Jeffrey Harris (Max Riederer von Paar & Walter E. Diercks, on the brief), Rubin, Winston, Diercks, Harris & Cooke, LLP, Washington, DC, for Defendant-Appellee-Cross-Appellant.

Tai-Heng Cheng, Associate Professor of Law & Associate Director, Center for International Law, New York Law School, New York, NY (Roger P. Alford, Professor of Law, Pepperdine University School of Law, Malibu, CA, of counsel), for Amici Curiae Supporting Plaintiff-Appellant-Cross-Appellee.

Before: JOHN M. WALKER, JR., WESLEY, and WALLACE, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-Appellant-Cross-Appellee Mortimer Off Shore Services, Ltd. ("Mortimer") appeals from the dismissal by the United States District Court for the Southern District of New York (Gerard E. Lynch, Judge) of Mortimer's action to enforce 351 bearer bonds ("Bonds") valued at over $400,000,000 (as of the filing of the complaint) against the Federal Republic of Germany ("FRG")1 for failure to state...

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