The appellant, the Federal Trade Commission, appealed a judgment finding it was properly served with a notice of application under the State Immunity Act.
The Court of Appeal allowed the appeal, finding no evidence capable of supporting the conclusion that the appellant was an 'agency of a foreign state' under section 2 of the Act.
Furthermore, even if service had been proper, the respondents obtained judgment before the mandatory sixty-day period under section 10 of the Act had expired.
The judgment was set aside.