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DAR EL-BINA ENGINEERING v. REPUBLIC OF IRAQ

No. 96 Civ. 5808 (LAK).

79 F.Supp.2d 374 (2000)

DAR EL-BINA ENGINEERING & CONTRACTING COMPANY, LTD. and Mishary Al-Kahlid & Partners International Company, W.L.L., Plaintiffs, v. THE REPUBLIC OF IRAQ, the Ministry of Local Government—the General Establishment for Implementing Water and Sewerage Projects of the Public of Iraq, the Ministry of Housing & Construction of the Republic of Iraq, and Al-Rafidain Bank, Defendants.

United States District Court, S.D. New York.

January 7, 2000.

Attorney(s) appearing for the Case

David A. Hill, Jr., Levin, Ford & Paulekas, L.L.P., for Plaintiffs.

Edward L. Powers, Joan Walter, Richards & O'Neil, L.L.P., New York City, for Defendant Rafidain Bank.

OPINION

KAPLAN, District Judge.

This action is brought by two Kuwaiti companies for nonpayment of promissory notes guaranteed by an Iraqi bank. The threshold issue facing the Court is whether the Foreign Sovereign Immunities Act provides jurisdiction to adjudicate this action in a United States court, or whether the Iraqi bank is immune from suit by virtue of its status as an instrumentality of a foreign state...

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