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SACHS v. REPUBLIC OF AUSTRIA

No. 11-15458.

695 F.3d 1021 (2012)

Carol P. SACHS, Plaintiff-Appellant, v. REPUBLIC OF AUSTRIA; OBB Holding Group; OBB Personenverkehr AG, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2012.

Attorney(s) appearing for the Case

Geoffrey Becker , Becker & Becker, Lafayette, CA, for appellant Carol P. Sachs.

Juan C. Basombrio , Dorsey & Whitney LLP, Costa Mesa, CA, for appellees OBB Personenverkehr, AG.

Opinion by Judge TALLMAN; Concurrence by Judge BEA; Dissent by Judge GOULD.

OPINION

TALLMAN, Circuit Judge, announcing the judgment of the Court:

In this case we consider what acts may be attributed to a foreign state in applying the commercial activity exception to immunity under the Foreign Sovereign Immunities Act.

Carol Sachs sued Austrian-owned OBB Personenverkehr after sustaining personal injuries as a result of her attempt to board a moving train in Innsbruck. The district court ruled that the commercial activity...

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