United States DC Circuit

In a suit alleging that Iran unlawfully expropriated plaintiff's investment in an Iranian dairy company, judgment for plaintiffs is reversed where: 1) the Treaty of Amity between the US and Iran did not provide plaintiff a private cause of action for expropriation; and 2) a remand was necessary for determination of whether plaintiff had a cause of action under Iranian law or customary international law, and whether the act of state doctrine precluded American courts from inquiring into the public acts of a recognized foreign sovereign power in its own territory.

Appellate Information

• Argued 05/06/2008
• Decided 08/26/2008
• Published 08/26/2008

Judges

• Before:  TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America in support of appellant.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Douglas N. Letter, Attorney., Thomas G. Corcoran, Jr. argued the cause for appellant.   With him on the briefs were Laina C. Wilk and Henry M. Lloyd.


• For Appellees:
  
• Mark N. Bravin argued the cause for appellees.   With him on the brief were Peter Buscemi, Thomas J. O'Brien, and Mark R. Joelson.