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· 2/6/1984

Canadian Overseas Ores Limited, Plaintiff-Appellant-Cross-Appellee v. Compania De Acero Del Pacifico S.A., Defendant-Appellee-Cross-Appellant

Citations

  • 727 F.2d 274
  • 38 Fed. R. Serv. 2d 899
  • 1984 U.S. App. LEXIS 25737

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the filing of various motions, including motions to dismiss, does not waive the defense
  • describing a responsive pleading as \the point of no return for asserting foreign sovereign immunity\
  • finding no waiver of sovereign immunity where foreign state engaged in motion practice but had not yet filed responsive pleading
  • describing a responsive pleading as “the point of no return for asserting foreign sovereign immunity”
  • “[W]e refuse to hold that the filing of a variety of motions, including a motion to dismiss, automatically waives the defense [of foreign sovereign immunity].”
  • \sovereign immunity is an ‘affirmative defense which must be specifically pleaded'\

Source: CourtListener parenthetical corpus (CC0).

Judges: Lumbard, Pratt, Winter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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