Court of Appeals for the Fifth Circuit February 1, 2007, No. 05-51432 (Board of Regents of the University of Texas System ex rel. University of Texas v. Nippon Telephone & Telegraph Corp.)

RHESA HAWKINS BARKSDALE, Circuit Judge:

Having removed this action from state court, Nippon Telegraph & Telephone Corporation (NTT), Japan’s largest telecommunications company, challenges the district court’s denial of its motion to dismiss. In this interlocutory appeal, NTT asserts: it is an “organ of a foreign state”, pursuant to the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C.