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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TAKEN MOVSESIAN; HARRY ROMANIAN; GARY AGAIN; IRAN ALGERIAN; ARA HADRIAN, individually and on behalf of all others similarly situated

V. JIHAD M. SHERIDAN; ANTI McNamara; IRAN A. SHERIDAN, individually and on behalf of all others similarly situated, Defendants-Appellees. ORACLES BAKER & SONS, INC., a New York corporation; JURISDICTION AND VENUE. In June 1982, the Government of the United States filed a civil lawsuit asserting the right of the government to control imports of equipment and products for the nuclear weapons, space launch vehicles, and ballistic missile defense capabilities of other nations. On September 23, 1982, the suit was amended to expand its claims to include export controls for components of nuclear explosive devices, such as those employed in the nuclear weapons and space launch vehicles of the Soviet Union. An amended complaint was filed in the United States District Court for the District of Columbia on August 22, 1983. A hearing, under Rule 56 of the Federal Rules of Civil Procedure, was held on February 17, 1983. Rule 56(b) requires a court to stay proceedings against a defendant pending appeal unless the appellant (defendants)-appellants in this case, VICTORIA VERSICHERUNG AG, the German corporation Siemens AG, and the Iranian corporation MUNCHER AG-appeal the stay order within 20 days of its entry. A stay was lifted on October 21, 1983, upon the filing of a brief in this court by a group of United States businesses opposed to the nuclear weapons and missile defense export control laws of the United States. The Government sought to lift the stay, and the case was set for full hearing on November 9, 1983. On November 3, 1983, an ex parte order was entered, ordering that trial proceed under Rule 56(a) and a decision on the stay would be postponed for three weeks. On January 28, 1984, the Court of Appeals for the District of Columbia en band reviewed the trial court's stay, remanding the case pending a full trial. The District of Columbia Court of Appeals later issued its opinion ruling that the stay was not improper. Siemens appealed to the same court. On May 25, 1984, the District of Columbia Court of Appeals reversed the order of the trial court. Siemens appealed to the Third Circuit. On February 19, 1985, the Third Circuit reversed in two opinions, affirming the District Court of Appeals and remanding the case to the District of Columbia Court of Appeals.

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