Legal Opinion
Af-Cap Inc. v. Republic of Congo
Court of Appeals for the Fifth Circuit
Decided September 17, 2004No. Nos. 03-50506, 03-50560PublishedCited by 32 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This appeal is the second in this case. The Republic of Congo is attempting to avoid its undisputed debt by claiming sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), notwithstanding that, in the Lending Contract, it pledged as collateral all of its assets and properties, and expressly waived its sovereign immunity. The district court concluded that the Congo was entitled to claim immunity under the provisions of the FSIA because the property at issue was not used for commercial purposes in the United States. We disagree and REVERSE and REMAND.
2Cases cited19 opinions
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
- Alfred Dunhill of London, Inc. v. Republic of CubaSupreme Court of the United States · 1976
- Harris v. BalkSupreme Court of the United States · 1905
- Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002
14 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Peterson v. Islamic Republic of IranCourt of Appeals for the Ninth Circuit · 2010
- Subir Gupta v. Thai Airways International, Ltd.Court of Appeals for the Ninth Circuit · 2007
- Office Depot, Inc. v. ZuccariniCourt of Appeals for the Ninth Circuit · 2010
- Af-Cap, Inc. v. Republic of CongoCourt of Appeals for the Fifth Circuit · 2006
- Crystallex Int'l Corp. v. Bolivarian Republic De Venezuela (In Re De Venezuela)Court of Appeals for the Third Circuit · 2019
27 more not listed; retrieve them via the Exa API.