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CONSORCIO ECUATORIANO v. JAS FORWARDING (USA)

No. 11-12897.

685 F.3d 987 (2012)

Application of CONSORCIO ECUATORIANO DE TELECOMUNICACIONES S.A., Pursuant to 28 USC 1782 for Judicial Assistance in Obtaining Evidence From JAS Forwarding (USA), Inc., For Use In a Foreign Tribunal, Plaintiff-Appellee, v. JAS FORWARDING (USA), INC., Defendant, Jet Air Service Equador S.A., Intervenor-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 2012.

Attorney(s) appearing for the Case

Jose I. Astigarraga , Arnoldo B. Lacayo , Edward M. Mullins , Annette C. Escobar , Astigarraga, Davis, Mullins & Grossman, PA, Miami, FL, for Plaintiff-Appellee.

Andrew Robert Spector , Arnall, Golden & Gregory, LLP, Robert Mark Borak , Marc Alan Rubin , Hyman Spector & Mars, LLP, Miami, FL, for Intervenor-Appellant.

Before MARCUS and BLACK, Circuit Judges, and HODGES, District Judge.

MARCUS, Circuit Judge:

This appeal arises out of a foreign shipping contract billing dispute between Consorcio Ecuatoriano de Telecomunicaciones S.A. ("CONECEL") and Jet Air Service Equador S.A. ("JASE"). CONECEL filed an application in the Southern District of Florida under 28 U.S.C. § 1782 to obtain discovery for use in foreign proceedings in Ecuador. According to CONECEL, the foreign proceedings include both a pending arbitration brought by JASE against CONECEL...

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