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TRIPLE A INTERN. v. DEMOCRATIC REPUBLIC OF CONGO

No. 12-1595.

721 F.3d 415 (2013)

TRIPLE A INTERNATIONAL, INC., Plaintiff-Appellant, v. The DEMOCRATIC REPUBLIC OF the CONGO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2013.

Rehearing and Rehearing En Banc Denied August 6, 2013.

Attorney(s) appearing for the Case

ARGUED: Davidde A. Stella , Kerr, Russell and Weber, PLC, Detroit, Michigan, for Appellant. ON BRIEF: Davidde A. Stella , Robert E. Forrest , Kerr, Russell and Weber, PLC, Detroit, Michigan, for Appellant. Eric Linden , Patrice S. Arend , Jaffe Raitt Heuer & Weiss, P.C., Southfield, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court in which, BATCHELDER, C.J., and MERRITT, J., joined. MERRITT, J. (pg. 418), delivered a separate concurrence.

OPINION

KETHLEDGE, Circuit Judge.

Triple A International sued the Democratic Republic of the Congo for failing to pay for military equipment that Triple A sold to the Congo's predecessor, Zaire. The Congo filed a motion to dismiss for lack of subject-matter jurisdiction, arguing that it was immune from suit under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. Triple A opposed the motion, arguing that its suit was based upon Zaire...

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