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High Court Hears Power Co.'s Bid For Foreign Status

Law360 (April 17, 2007, 12:00 AM EDT) -- An appeals court had overlooked crucial evidence in rejecting a Canadian power supplier’s rightful status as an organ of a foreign state, a lawyer for the company told the U.S. Supreme Court Monday.

Powerex Corp. attorney David C. Frederick told the High Court the Ninth Circuit Court of Appeals had erred in two ways in denying the company’s bid for state law immunity under the 1976 Foreign Sovereign Immunities Act.

The appeals court had wrongly dismissed evidence of Powerex’s public functions, and had applied the wrong...
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