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APPLICATION OF CONECEL v. JAS FORWARDING (USA)

No. 11-12897.

747 F.3d 1262 (2014)

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.

January 10, 2014.

Attorney(s) appearing for the Case

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

Andrew Robert Spector , Arnall Golden Gregory, LLP, Robert Mark Borak , Marc Alan Rubin , Hyman Spector & Mars, LLP, Miami, FL, Debra G. Buster , Glenn P. Hendrix , Arnall Golden & Gregory, LLP, Atlanta, GA, for Intervenor-Appellant.

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

MARCUS, Circuit Judge:

We sua sponte vacate the prior opinion in this case, issued on June 25, 2012 and published at 685 F.3d 987 (11th Cir.2012), and substitute the following opinion in its place.

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...

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