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MINISTRY OF DEFENSE AND SUPPORT v. CUBIC DEFENSE

Nos. 99-56498, 02-57043, 03-55015.

385 F.3d 1206 (2004)

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, Plaintiff-Appellee, v. CUBIC DEFENSE SYSTEMS, INC., as Successor in Interest to Cubic International Sales Corporation, Defendant, v. Stephen M. Flatow, Plaintiff-intervenor-Appellant, and Dariush Elahi, Plaintiff-intervenor. 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, Plaintiff-Appellee, v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation, Defendant, v. Stephen M. Flatow, Plaintiff-intervenor-Appellant, and Dariush Elahi, Plaintiff-intervenor. 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, Plaintiff-Appellant, v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation, Defendant, v. Stephen M. Flatow, Plaintiff-intervenor, and Dariush Elahi, Plaintiff-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2004.

Attorney(s) appearing for the Case

Anthony J. Van Patten, Anthony J. Van Patten, Inc., Glendale, CA, and Mina Almassi, Los Altos, CA, for the Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran.

Steven R. Perles, Perles Law Firm, P.C., Washington, DC (argued) and Thomas Fortune Fay, Washington, DC, for appellant Stephen Flatow.

Jonathan R. Mook, DiMuro, Ginsberg & Mook, P.C., Alexandria, VA, (argued) and Philip J. Hirschkop, Hirschkop & Associates, P.C., Alexandria, VA, for appellee Dariush Elahi.

Before: B. FLETCHER, WARDLAW, and FISHER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

These consolidated appeals arise from attempts by Stephen Flatow ("Flatow") and Dariush Elahi ("Elahi") to collect on default judgments they obtained against the Islamic Republic of Iran ("Iran") in the United States District Court for the District of Columbia. That court found Iran liable for the terrorist acts that resulted in the deaths of Flatow's daughter and Elahi's brother. In both...

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