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OSS NOKALVA, INC. v. EUROPEAN SPACE AGENCY

Nos. 09-3601, 09-3640.

617 F.3d 756 (2010)

OSS NOKALVA, INC. v. EUROPEAN SPACE AGENCY, Appellant OSS Nokalva, Inc., Appellant v. European Space Agency.

United States Court of Appeals, Third Circuit.

Filed August 16, 2010.

Attorney(s) appearing for the Case

Elliot D. Ostrove , Day Pitney , Morristown, N.J. for Appellant in No. 09-3601, Appellee in No. 09-3640.

Ronald L. Israel , Wolff & Samson, West Orange, N.J., for Appellee in No. 09-3601 Appellant in No. 09-3640.

Before SLOVITER, BARRY, and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This case comes to us under the collateral order doctrine on appeal from the District Court's order denying the European Space Agency's ("ESA") motion to dismiss the claims of OSS Nokalva, Inc. ("OSSN"). ESA had asserted absolute immunity from suit based on its status as an international organization. The District Court held that ESA is generally entitled to absolute immunity, but that here it waived such immunity...

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