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OLYMPIA EXPRESS, INC. v. LINEE AEREE ITALIANE S.P.A.

No. 02 C 2858.

437 F.Supp.2d 780 (2006)

OLYMPIA EXPRESS, INC., an Illinois corporation; and Netours, Ltd., an Illinois corporation, Plaintiff, v. LINEE AEREE ITALIANE S.P.A., D/B/A Alitalia Airlines, a foreign corporation, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

June 14, 2006.

Attorney(s) appearing for the Case

Terry M. Grimm, James Franklin Herbison, Stephen Victor D'Amore, Winston & Strawn, Chicago, IL, for Plaintiffs.

Larry Mentz, Thomas G. Carulli, Kaplan, Von Ohlen & Massamillo, LLC, New York, NY, Robert Charles Von Ohlen, Jr., Larry S. Kaplan, Telly Andrews, Kaplan, Von Ohlen & Massamillo, LLC, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER1

SCHENKIER, United States Magistrate Judge.

The question of whether original federal jurisdiction exists when a suit is filed by a United States citizen against a foreign party is an easy one to answer. If the foreign defendant is a "foreign state," as defined in the Foreign Sovereign Immunities Act ("FSIA"), then original jurisdiction exists under 28 U.S.C. § 1330(a) (or, under...

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