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Argued: September 17, 2001

Rafidain Bank appeals the denial of its motion to vacate a contempt order by the United States District Court for the Southern District of New York (Rakoff, J.). Rafidain Bank argues that the district court lacked subject matter jurisdiction and personal jurisdiction over it. Affirmed.

In this litigation commenced under the Foreign Sovereign Immunities Act (“FSIA”) of 1976, 28 U.S.C. � 1602, et. seq. (1994), plaintiff First City, Texas-Houston, N.A. (“First City”) holds an unsatisfied default judgment against Rafidain Bank (“Rafidain”), and seeks to collect that judgment from Central Bank of Iraq (“Central Bank”) on the theory that Central Bank is Rafidain’s alter ego. Rafidain appeals an order of the United States District Court for the Southern District of New York (Rakoff, J.), refusing to vacate an order of civil contempt that had been entered to compel Rafidain’s compliance with discovery demands directed to the alter ego question. Rafidain appeals the order on the grounds that (1) the district court lacks personal jurisdiction and (2) that subject matter jurisdiction is lacking because, even if the FSIA afforded jurisdiction in the underlying litigation involving a loan agreement and letters of credit, Rafidain is no longer a party to that action and there is no alternative jurisdictional basis for compelling Rafidain to submit to non-party discovery in the United States.

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