Texas Trading & Milling Corp. v. Federal Republic of Nigeria
United States Court of Appeals for the Second Circuit
647 F.2d 300 (1981)
Relevant factsFree
Nigeria (defendant) contracted with American trading companies (plaintiffs) and dozens of other suppliers worldwide to purchase massive cement quantities for oil-rig infrastructure, but when far more suppliers than expected actually delivered, causing port congestion, Nigeria repudiated several contracts including those with the plaintiffs, who sued, prompting Nigeria to claim sovereign immunity.
IssueFree
Whether courts determine the commercial character of a nation's activity by reference to the nature of the conduct or transaction, rather than the activity's underlying purpose.