United States Ninth Circuit

In a case involving a garnishment action against the Republic of Congo's property in execution of a judgment for a defaulted loan made to it by plaintiff's predecessor, dismissal of the garnishment action is affirmed where the obligations identified by plaintiff are not property of the Congo used for commercial activity in the U.S., and are therefore not subject to execution or collection under section 1610(a) of the Foreign Sovereign Immunity Act. The court adopts the test that property is "used for a commercial activity in the U.S." when the property in question is put into action, put into service, availed or employed for a commercial activity.

Appellate Information

• Argued 04/03/2006
• Decided 01/25/2007
• Published 01/25/2007

Judges

• RAWLINSON, Circuit Judge., Before MARSHA S. BERZON, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Adam C. Belsky (briefed), Terry Gross (argued), Gross & Belsky, San Francisco, California, for plaintiff-appellant-counter-defendant Af-Cap., Neil A.F. Popovic (briefed and argued), Heller Ehrman LLP, San Francisco, California;  Jonathan Blackman and Boaz S. Morag, Cleary, Gottlieb, Steen & Hamilton, LLP, New York, New York, for defendant-appellee The Republic of Congo., Douglas G. Boven, Reed Smith LLP, San Francisco, California, for third-party defendants-appellees Chevron Texaco Corporation, et al.