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SACHS v. REPUBLIC OF AUSTRIA

No. 11-15458.

737 F.3d 584 (2013)

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 December 6, 2013.

Attorney(s) appearing for the Case

Geoffrey Becker , Becker & Becker, Lafayette, CA, for Plaintiff-Appellant.

Juan C. Basombrio , Dorsey & Whitney LLP, Irvine, CA, for Defendant-Appellee.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, SUSAN P. GRABER, KIM McLANE WARDLAW, RAYMOND C. FISHER, RONALD M. GOULD, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

GOULD, Circuit Judge:

We must decide whether a resident of the United States has a domestic forum in which to bring a claim against a foreign common carrier, operated by a foreign sovereign entity, that sells tickets through a third-party agent or subagent in the United States. Carol P. Sachs filed a complaint against OBB Personenverkehr AG (OBB) in the United States District Court for the Northern District of California. Sachs sought damages for...

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