Beaty v. Republic of Iraq, No. 07-7057, 2007 BL 162617 (D.C. Cir. Nov. 21, 2007)
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Sentelle, Randolph, and Brown, Circuit Judges.
Upon consideration of the motion for summary affirmance, the opposition thereto, and the reply, it is.
ORDERED that the motion for summary affirmance be granted. The district court correctly held that the Republic of Iraq's sovereign immunity, waived or abrogated under 28 U.S.C. § 1605(a)(7), has not been restored under the Emergency Wartime Supplemental Appropriations Act ("EWSAA"), Pub.L. No. 108-11, 117 Stat. 559 (2003), and Presidential Determination 2003-23. See Acree v. Republic of Iraq, 370 F.3d 41, 51 (D.C. Cir. 2004). The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.