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MINISTRY OF DEFENSE & SUPPORT v. FRYM

No. 13-57182.

814 F.3d 1053 (2016)

The MINISTRY OF DEFENSE AND SUPPORT FOR THE ARMED FORCES OF THE ISLAMIC REPUBLIC OF IRAN, as Successor in Interest to the Ministry of War of the Government of Iran, Petitioner-Appellant, v. Renay FRYM; Stuart E. Hersh; Abraham Mendelson; Daniel J. Miller; France Mokhateb Rafii; Elena Rozenman; Noam Rozenman; Tzvi Rozenman; Deborah Rubin; Jenny Rubin, Claimants-Appellees, and Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2016.

Attorney(s) appearing for the Case

Steven W. Kerekes (argued), Pasadena, CA, for Petitioner-Appellant.

Jonathan R. Mook (argued), Dimuro-Ginsberg, P.C., Alexandria, VA; Philip J. Hirschkop , Hirschkop & Associates, Lorton, VA, for Claimant-Appellee France M. Rafii.

David J. Strachman (argued), McIntyre Tate LLP, Providence, RI, for Claimants-Appellees Jenny Rubin, Deborah Rubin, Daniel Miller, Abraham Mendelson, Stuart E. Hersh, Renay Frym, Noam Rozenman, Elena Rozenman, and Tzvi Rozenman.

Stuart F. Delery , Assistant Attorney General; Laura E. Duffy , United States Attorney; Sharon Swingle and Benjamin M. Schultz (argued), Attorneys, Appellate Staff Civil Division, United States Department of Justice; Lisa. J. Grosh , Assistant Legal Advisor, Department of State; Bradley T. Smith , Chief Counsel, Office of Foreign Assets Control, Department of the Treasury, Washington D.C, for Amicus Curiae United States.

Before: DOROTHY W. NELSON, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.

OPINION

This case involves an attempt by ten American citizens (hereinafter Lien Claimants) to collect on valid judgments they hold against the Islamic Republic of Iran (Iran) for their injuries arising out of terrorism sponsored by Iran. The Lien Claimants seek to attach a $2.8 million judgment

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