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TERENKIAN v. REPUBLIC OF IRAQ

No. 10-56708.

686 F.3d 1061 (2012)

Manuel Kevork TERENKIAN; Pentonville Developers, Ltd.; Marblearch Trading, Ltd., Plaintiffs-Appellees, v. The REPUBLIC OF IRAQ; the Republic of Iraq, by and through State Oil Marketing Organization, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2012.

Attorney(s) appearing for the Case

Edward L. Powers (argued), Zukerman Gore Brandeis & Crossman, LLP, New York, NY; Susan L. Hoffman , Robert A. Brundage , Bingham McCutchen, LLP, Los Angeles, CA, for appellant Republic of Iraq.

Melinda W. Ebelhar (argued), Edward D. Vaisbort , G. David Rubin , Litchfield Cavo LLP, Pasadena, CA; Alan Gura , Gura & Possessky, PLLC, Alexandria, VA, for appellees Pentonville Developers, Ltd. and Marblearch Trading, Ltd.

Opinion by Judge IKUTA; Dissent by Judge NOONAN.

OPINION

IKUTA, Circuit Judge:

Pentonville Developers, Ltd., and Marblearch Trading, Ltd., two Cyprus oil brokerage companies, sued the Republic of Iraq for unilaterally terminating two contracts for the purchase and sale of Iraqi oil. The district court held it had subject matter jurisdiction to hear this action notwithstanding Iraq's assertion of sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq., because...

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