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certiorari is rarely granted when the asserted error consists of . . . the misapplication of a properly stated rule of law.”).

Finally, Petitioner challenges the Court of Appeals’ citation to Miskow v. Boeing Co., 664 F.2d 205 (9th Cir. 1981), because that decision predates Piper Aircraft. Like Piper Aircraft, however, Miskow simply acknowledges that dismissal for forum non conveniens is appropriate if, in light of private and public interests, the moving party has made a clear showing that litigation in the United States would either be (1) overly oppressive or vexatious to the moving party or (2) inconvenient because of administrative delay in the chosen forum. Both Piper Aircraft and Miskow recite the standards and factors set forth in Gilbert and Koster, and those opinions continue to provide the standards with which all courts review motions to dismiss based on forum non conveniens. See note 1, supra.

CONCLUSION

The petition for a writ of certiorari should be denied.

Jennifer Soble Brian Wolfman Public Citizen

Robert P. Beckham, III Counsel of Record Horgan, Rosen, Beckham

Litigation Group 1600 20th Street, NW Washington, DC 20009 (202) 588-1000

& Coren, L.L.P 23975 Park Sorrento, Ste 200 Calabasas, CA 91302 (818) 591-2121

Respectfully submitted,

Attorneys for Respondent

October 2006

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