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Ex parte Republic of Peru

318 U.S. 578 (1943)

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Ex parte Republic of Peru

United States Supreme Court
318 U.S. 578 (1943)

Facts

Galban Lobo Co. filed suit in federal district court against the Ucayali, a steamship wholly owned by the Republic of Peru (Peru) (plaintiff), alleging that the ship failed to comply with a shipping contract. After obtaining multiple extensions for filing an answer, Peru filed motions seeking (1) an order that the Ucayali was immune from suit because Peru’s foreign sovereign immunity extended to the ship and (2) an order releasing the Ucayali. The US Department of State acknowledged the validity of Peru’s immunity claim. However, the district court denied Peru’s motions, concluding that Peru waived sovereign immunity as a defense by applying for extensions without asserting immunity at that stage. Peru did not appeal the district court’s decision to the court of appeals. Instead, Peru filed a motion with the United States Supreme Court, seeking leave to file for a writ of prohibition or mandamus prohibiting the district-court judge (defendant) from exercising any further jurisdiction and ordering the judge to declare the Ucayali immune from suit.

Rule of Law

Issue

Holding and Reasoning (Stone, C.J.)

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