Forest Plywood Sales, Inc. v. Export-Import Bank of the United States

MEMORANDUM ***

Forest Plywood Sales, Inc. (“Appellant”) appeals from the district court’s dismissal *687 of its breach of contract suit against Export-Import Bank (“Eximbank”) for lack of subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the district court’s decision de novo. Applying this standard, we affirm on an alternate ground. See Salmeron v. United States, 724 F.2d 1357, 1364 (9th Cir.1983) (noting that this Court “may affirm the district court’s action on any ground finding support in the record”).

In 1945 Congress designated Eximbank as a federal agency. See 12 U.S.C. § 635 (a)(1). Among other things, Congress empowered Eximbank to “guarantee, insure, coinsure, and reinsure against political and credit risk of loss.” Id. Congress also waived Eximbank’s sovereign immunity, authorizing it “to sue and to be sued, to complain and defend in any court of competent jurisdiction.” Id.

In accordance with its mandate, Eximbank entered into an indemnity insurance policy contract with Appellant, effective from November 1, 1999 until November 1, 2000. The policy insured Appellant against a percentage of its losses in the event its customers…