EIEGEquipment and Infrastructure Enhancement Grant (Florida State University; Tallahassee, FL)
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References in periodicals archive ?
EIEG argued that the removal to federal court was improper because (1) RCC is not a "foreign state" within the meaning of the FSIA, (2) the action is not "against" the Bank and the RCC so that the FSIA's removal provision does not apply, (3) the RCC could not remove because it became an assignee only after the litigation had begun, and (4) the RCC had already submitted itself to the jurisdiction of the Guam Superior Court.
"EIEG clearly is asserting a claim against the RCC, even though EIEG did not explicitly name the RCC as a defendant.
Section 1441(d), as interpreted by our sister circuits, to support EIEG's argument that a foreign state must be an original defendant in order to enjoy the power to remove under the FSIA.