Filus v. Lot Polish Airlines

Full title: DANUTA IMIOLEK FILUS, ADMINISTRATRIX, AS ADMINISTRATRIX OF THE ESTATES OF…

Court: United States Court of Appeals, Second Circuit

Date published: Dec 26, 1997

133 F.3d 169 (2d Cir. 1997)

Opinion

Nos. 154, 96-9563.

Argued: December 3, 1997.

Decided: December 26, 1997.

BRIAN J. ALEXANDER, Kreindler Kreindler, New York, New York (Steven R. Pounian and Milton G. Sincoff, of counsel), for Plaintiffs-Appellants.

Appeal from an order of the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge), dismissing a complaint against the Union of Soviet Socialist Republics on the ground that the court lacked subject matter jurisdiction. Appellants argue that the court has jurisdiction under the commercial-activity exception to the Foreign Sovereign Immunities Act. We affirm.

Before: WINTER, Chief Judge, NEWMAN, and WALLACE,^_ Circuit Judges.

_ The Honorable J. Clifford Wallace, of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

PER CURIAM:

Danuta Imiolek Filus, as administratrix of the estates of Kazimierz Jan and Joanna Marianna Filus, appeals from Judge Nickerson's order dismissing her complaint against the Union of Soviet Socialist Republics on the ground that the court lacked subject matter jurisdiction. We affirm for substantially the reasons stated in Judge Nickerson's opinion, Filus v. LOT Polish Airlines, 939 F. Supp. 199 (E.D.N.Y. 1996).