alfred
dunhill
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cuba
argued
december
decided
may
intervention
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business
assets
five
leading
cigar
manufacturers
former
owners
fled
brought
actions
petitioner
two
importers
inter
alia
purchase
price
cigars
shipped
importers
seized
cuban
plants
following
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related
litigation
cuban
interventors
named
possess
occupy
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businesses
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state
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banco
nacional
de
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sabbatino
give
effect
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cuba
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owners
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state
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decree
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resolution
cuban
government
offered
evidence
indicating
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repudiation
obligations
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involved
pp
white
delivered
opinion
burger
powell
rehnquist
stevens
except
part
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joined
powell
filed
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stevens
filed
concurring
statement
post
marshall
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stewart
blackmun
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victor
friedman
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cause
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supplemental
brief
petitioner
brief
original
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peter
ehrenhaft
victor
rabinowitz
reargued
cause
respondents
briefs
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michael
krinsky
dorian
bowman
brief
original
argument
mr
bowman
antonin
scalia
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
bork
assistant
attorney
general
lee
deputy
solicitor
general
jones
bruno
ristau
robert
fiske
wilmot
hastings
filed
brief
bank
boston
international
amicus
curiae
urging
reversal
justice
white
delivered
opinion
issue
case
whether
failure
respondents
return
petitioner
alfred
dunhill
london
dunhill
funds
mistakenly
paid
dunhill
cigars
sold
dunhill
certain
expropriated
cuban
cigar
businesses
act
state
cuba
precluding
affirmative
judgment
respondents
rather
involved
factual
legal
context
litigation
arises
fully
set
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opinion
case
menendez
faber
coe
gregg
supp
sdny
closely
related
litigation
palicio
compania
brush
supp
sdny
aff
cert
denied
present
purposes
following
recitation
suffice
cuban
government
confiscated
business
assets
five
leading
manufacturers
havana
cigars
companies
three
corporations
two
partnerships
organized
cuban
law
virtually
owners
cuban
nationals
none
american
companies
sold
large
quantities
cigars
customers
countries
including
three
principal
importers
dunhill
saks
saks
faber
coe
gregg
faber
cuban
government
named
interventors
take
possession
operate
business
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cuban
concerns
interventors
continued
ship
cigars
foreign
purchasers
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importers
litigation
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former
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companies
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importers
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plants
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trademarks
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owners
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compania
brush
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interventors
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cuba
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importers
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dunhill
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importers
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dunhill
saks
latter
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importers
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entitled
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businesses
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owners
claimed
title
demanded
payment
accounts
based
act
state
doctrine
reaffirmed
banco
nacional
de
cuba
sabbatino
district
held
palicio
compania
brush
supra
required
give
full
legal
effect
confiscation
five
cigar
companies
insofar
purported
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property
cuban
nationals
located
within
cuba
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entitled
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importers
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due
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effect
foreign
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compensation
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republic
iraq
first
nat
city
bank
cert
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cuba
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state
subject
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position
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reasons
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repayment
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view
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menendez
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city
bank
banco
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menendez
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agree
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general
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appendix
letter
november
department
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adviser
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filed
solicitor
general
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believe
dunhill
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branch
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relations
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nacional
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cuba
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based
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ensue
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theory
sovereign
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respect
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actions
respect
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policy
government
since
time
attached
letter
november
confirms
moreover
since
department
state
adhered
position
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activities
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restatement
second
foreign
relations
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participation
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sovereigns
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substantially
recent
years
cf
international
economic
report
president
potential
injury
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businessmen
ultimately
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trade
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participants
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national
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calls
us
recognize
act
state
repudiation
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obligation
adjudicated
courts
arising
operation
commercial
business
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instrumentalities
reasons
led
executive
branch
adopt
restrictive
theory
sovereign
immunity
hold
mere
assertion
sovereignty
defense
claim
arising
purely
commercial
acts
foreign
sovereign
effective
given
label
act
state
given
label
sovereign
immunity
describing
act
state
doctrine
past
said
precludes
courts
country
inquiring
validity
public
acts
recognized
foreign
sovereign
power
committed
within
territory
banco
nacional
de
cuba
sabbatino
supra
emphasis
added
applies
acts
done
within
exercise
governmental
authority
underhill
hernandez
emphasis
added
decline
extend
act
state
doctrine
acts
committed
foreign
sovereigns
course
purely
commercial
operations
act
relied
respondents
case
act
arising
conduct
cuba
agents
operation
cigar
businesses
profit
act
act
state
reversed
appendix
opinion
legal
adviser
department
state
washington
november
case
alfred
dunhill
london
republic
cuba
petition
writ
certiorari
requested
parties
discuss
whether
holding
banco
nacional
de
cuba
sabbatino
reconsidered
department
state
believes
question
whether
sabbatino
case
reconsidered
involves
matters
importance
foreign
policy
interests
requests
views
conveyed
views
expressed
herein
addition
arguments
presented
brief
amicus
curiae
filing
dunhill
case
urged
brief
believe
dunhill
case
raises
act
state
question
case
involves
act
commercial
public
nature
moreover
since
department
state
adhered
position
commercial
private
activities
foreign
give
rise
sovereign
immunity
implicit
position
determination
adjudications
commercial
liability
foreign
impede
conduct
foreign
relations
adjudications
consistent
international
law
sovereign
immunity
event
however
reaches
question
whether
sabbatino
holding
reconsidered
believe
following
considerations
called
attention
since
sabbatino
decided
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state
two
occasions
expressed
courts
views
concerning
act
state
adjudications
first
sabbatino
case
remand
executive
branch
declined
make
determination
hickenlooper
amendment
application
act
state
doctrine
required
case
foreign
policy
interests
banco
nacional
de
cuba
farr
supp
aff
certiorari
denied
taken
note
executive
branch
position
district
farr
applied
hickenlooper
amendment
held
cuban
decree
confiscation
violated
customary
international
law
second
first
national
city
bank
banco
nacional
de
cuba
department
state
informed
general
foreign
relations
considerations
require
application
act
state
doctrine
bar
adjudication
counterclaim
foreign
state
claim
arises
relationship
parties
existing
act
state
occurred
amount
relief
granted
limited
amount
foreign
state
claim
relying
precedent
bernstein
nederlandsche
amerikaanshe
department
advised
act
state
doctrine
need
apply
class
cases
involving
nazi
confiscations
department
first
national
city
bank
concluded
act
state
doctrine
need
applied
like
cases
significantly
farr
bernstein
first
national
city
bank
cases
involved
executive
branch
determination
opened
way
courts
review
act
state
merits
international
law
cases
claim
counterclaim
question
alleged
act
state
violated
customary
international
law
thus
least
basis
trend
executive
branch
pronouncements
foreign
relations
considerations
require
application
act
state
doctrine
bar
adjudications
international
law
trend
mirrored
countries
apart
cases
cited
justice
white
sabbatino
several
recent
decisions
foreign
courts
reviewed
state
acts
international
law
english
law
act
state
doctrine
derives
require
british
courts
abstain
reviewing
state
acts
international
law
far
determined
exercise
judicial
function
foreign
jurisdictions
caused
serious
foreign
relations
consequences
countries
concerned
present
case
similar
bernstein
farr
first
national
city
bank
department
opinion
embarrassment
conduct
foreign
policy
decide
case
adjudicate
legality
act
state
found
taken
place
make
adjudication
accordance
principle
international
law
found
relevant
general
department
experience
provides
little
support
presumption
adjudication
acts
foreign
accordance
relevant
principles
international
law
embarrass
conduct
foreign
policy
thus
view
decide
overrule
holding
sabbatino
acts
state
thereafter
subject
adjudication
american
courts
international
law
anticipate
embarrassment
conduct
foreign
policy
sincerely
monroe
leigh
appendix
opinion
may
department
state
time
consideration
question
whether
practice
government
granting
immunity
suit
foreign
governments
made
parties
defendant
courts
without
consent
changed
department
reached
conclusion
immunity
longer
granted
certain
types
cases
view
obvious
interest
department
matter
like
point
briefly
facts
influenced
department
decision
study
law
sovereign
immunity
reveals
existence
two
conflicting
concepts
sovereign
immunity
widely
held
firmly
established
according
classical
absolute
theory
sovereign
immunity
sovereign
without
consent
made
respondent
courts
another
sovereign
according
newer
restrictive
theory
sovereign
immunity
immunity
sovereign
recognized
regard
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public
acts
jure
imperii
state
respect
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acts
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gestionis
agreement
proponents
theories
supported
practice
sovereign
immunity
claimed
granted
actions
respect
real
property
diplomatic
perhaps
consular
property
excepted
respect
disposition
property
deceased
person
even
though
foreign
sovereign
beneficiary
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virtually
absolute
theory
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immunity
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courts
british
commonwealth
czechoslovakia
estonia
probably
poland
decisions
courts
brazil
chile
china
hungary
japan
luxembourg
norway
portugal
may
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support
classical
theory
immunity
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two
old
decisions
anterior
development
restrictive
theory
may
considered
sufficient
base
conclusion
position
netherlands
sweden
argentina
less
clear
since
although
immunity
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recent
cases
coming
courts
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facts
immunity
granted
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absolute
restrictive
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courts
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countries
distinction
public
private
acts
state
even
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distinction
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result
case
may
indicate
intention
leave
way
open
possible
application
restrictive
theory
immunity
occasion
presents
trend
restrictive
theory
already
evident
netherlands
lower
courts
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apply
theory
following
decision
effect
immunity
applicable
case
consideration
either
theory
german
courts
period
hesitation
end
nineteenth
century
held
classical
theory
noted
refusal
yield
pressure
lower
courts
newer
theory
based
view
theory
yet
developed
sufficiently
justify
change
view
growth
restrictive
theory
since
time
german
courts
might
take
different
view
today
newer
restrictive
theory
sovereign
immunity
always
supported
courts
belgium
italy
adopted
turn
courts
egypt
switzerland
addition
courts
france
austria
greece
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supporters
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theory
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position
embrace
restrictive
theory
rumania
peru
possibly
denmark
also
appear
follow
theory
furthermore
observed
countries
still
following
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theory
school
influential
writers
favoring
restrictive
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writers
least
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law
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major
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law
moreover
leanings
lower
courts
civil
law
countries
significant
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common
law
countries
rule
precedent
prevails
trend
lower
courts
restrictive
theory
related
interest
question
fact
ten
thirteen
countries
classified
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theory
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brussels
convention
immunity
government
owned
merchant
vessels
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addition
party
convention
years
ago
announced
since
followed
policy
claiming
immunity
public
owned
operated
merchant
vessels
keeping
mind
importance
played
cases
involving
public
vessels
field
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immunity
thus
noteworthy
ten
countries
brazil
chile
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hungary
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norway
poland
portugal
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already
relinquished
treaty
practice
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part
immunity
claim
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theory
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evident
possible
exception
kingdom
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support
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union
satellites
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full
acceptance
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theory
sovereign
immunity
evidences
british
authorities
aware
deficiencies
ready
change
reasons
obviously
motivate
state
trading
countries
adhering
theory
perhaps
increasing
rigidity
persuasive
change
policy
furthermore
granting
sovereign
immunity
foreign
governments
courts
inconsistent
action
government
subjecting
suit
courts
contract
tort
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established
policy
claiming
immunity
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jurisdictions
merchant
vessels
finally
department
feels
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practice
part
governments
engaging
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activities
makes
necessary
practice
enable
persons
business
rights
determined
courts
reasons
hereafter
department
policy
follow
restrictive
theory
sovereign
immunity
consideration
requests
foreign
governments
grant
sovereign
immunity
realized
shift
policy
executive
control
courts
felt
courts
less
likely
allow
plea
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immunity
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declined
indications
least
justices
feel
matter
courts
follow
branch
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charged
responsibility
conduct
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relations
order
department
charged
representing
interests
government
courts
may
adequately
informed
department
practice
advise
requests
foreign
governments
grant
immunity
suit
department
action
thereon
sincerely
secretary
state
jack
tate
acting
legal
adviser
footnotes
prior
intervening
lawsuit
pinera
replaced
original
interventors
five
companies
whose
behalf
pursued
suit
convenience
sake
refer
representing
tobacco
businesses
interventors
discussing
conduct
prior
lawsuit
discussing
single
interventor
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party
lawsuit
district
also
disagreed
interventors
insufficient
evidence
show
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sums
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importers
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hickenlooper
amendment
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assistance
act
precluded
interventors
invoking
act
state
doctrine
correctness
judgment
us
litigation
order
granting
certiorari
directed
counsel
brief
argue
two
questions
statements
counsel
republic
cuba
petitioner
unjust
enrichment
counterclaim
honored
constitute
act
state
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act
state
doctrine
created
first
national
city
bank
banco
nacional
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petitioner
counterclaim
exceed
net
balance
owed
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codefendants
claims
counterclaims
arise
subject
matter
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case
addition
questions
presented
case
counsel
requested
brief
discuss
oral
argument
holding
banco
nacional
de
cuba
sabbatino
reconsidered
addition
present
petition
petition
interventors
republic
cuba
saks
challenging
ground
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reach
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trial
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claim
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state
reach
state
department
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also
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position
overruling
sabbatino
acts
state
hereafter
subject
adjudication
american
courts
international
law
result
embarrassment
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policy
need
resolve
issue
either
salutary
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pesaro
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trade
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ix
dissent
doctrines
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immunity
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state
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merely
telling
law
apply
case
post
may
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doctrine
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terms
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may
doctrines
point
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results
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cases
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however
proper
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involves
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injury
foreign
policy
conduct
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primarily
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branch
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affronts
sovereign
powers
compare
mexico
hoffman
sovereign
immunity
banco
nacional
de
cuba
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act
state
injury
private
party
denied
justice
judicial
deference
raw
assertion
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trade
state
department
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commercial
area
need
merchants
rights
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courts
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policy
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reached
context
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problem
sovereign
immunity
reach
one
context
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state
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first
national
city
bank
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department
state
taken
position
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immunity
area
even
counterclaim
exceeds
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state
claim
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may
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matter
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state
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ali
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relations
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state
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state
pose
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relations
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matter
minera
el
teniente
legal
materials
superior
hamburg
foreign
state
act
expropriation
violates
international
law
recognized
german
courts
subject
matter
litigation
substantial
contact
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le
groupement
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metaux
legal
materials
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de
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equitable
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gerichtshof
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decision
december
osterr
juristenzeitung
clunet
du
droit
expropriation
without
compensation
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international
law
recovery
purchasers
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property
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maatschappij
de
nederlanden
van
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ct
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act
state
defense
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law
banco
de
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de
borbon
austria
helbert
wagg
ch
lauterpacht
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ed
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also
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peruvian
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ch
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brothers
ch
british
courts
international
law
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give
effect
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laws
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acts
preceding
peruvian
government
cf
buttes
gas
oil
hammer
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state
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justice
powell
concurring
join
opinion
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line
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political
acts
foreign
state
often
difficult
delineate
write
reaffirm
view
even
cases
deemed
involve
purely
political
acts
duty
judiciary
decide
whether
deference
political
branches
government
requires
abstention
stated
first
nat
city
bank
banco
nacional
de
cuba
concurring
judgment
unless
appears
exercise
jurisdiction
interfere
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relations
conducted
political
branches
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federal
courts
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hear
cases
justice
stevens
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reasons
stated
parts
ii
opinion
agree
act
state
doctrine
bar
entry
judgment
favor
dunhill
justice
marshall
justice
brennan
justice
stewart
justice
blackmun
join
dissenting
act
state
doctrine
commits
courts
country
sit
judgment
acts
foreign
government
performed
within
territory
realistic
view
facts
case
interventors
retention
refusal
return
funds
paid
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constitute
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state
affirmative
recovery
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rest
invalidity
conduct
appeals
concluded
affirm
judgment
september
cuban
government
intervened
nationalized
five
cigar
manufacturers
petitioner
dunhill
received
worth
cigars
yet
paid
period
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february
dunhill
took
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worth
shipments
district
appeals
concluded
intervention
given
full
legal
effect
respect
property
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nationals
located
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interventors
therefore
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shipments
palicio
compania
brush
supp
sdny
aff
cert
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nom
brush
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cuba
quite
clear
result
correct
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nacional
de
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sabbatino
since
date
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position
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firms
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shipments
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throughout
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respondents
interventors
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insisted
act
state
doctrine
requires
courts
give
full
legal
effect
intervention
decree
insofar
purported
nationalize
accounts
receivable
intervened
firms
district
appeals
held
however
accounts
receivable
involved
situs
new
york
act
state
doctrine
apply
attempted
confiscation
ineffective
menendez
faber
coe
gregg
supp
sdny
menendez
saks
separate
petition
certiorari
today
denies
course
presentation
case
respondents
pursued
contention
initial
intervention
recognized
reached
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accounts
receivable
respondents
sole
contention
necessary
us
consider
appeals
recognized
act
state
question
took
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light
dunhill
paid
amount
due
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shipments
interventors
cuba
appeals
held
dunhill
claim
return
monies
paid
interventors
shipments
sounds
arises
observed
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contractual
obligation
owners
situated
new
york
interventors
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appropriation
refusal
return
funds
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contract
cuba
interventors
course
conduct
act
state
therefore
doubt
act
state
doctrine
applies
interventors
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overt
action
claim
status
act
state
rather
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long
retained
money
paid
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shipments
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demands
return
declines
view
course
conduct
reflecting
exercise
sovereign
power
retain
funds
issue
arrived
cuba
explaining
part
statute
decree
order
resolution
cuban
government
offered
evidence
indicating
cuba
repudiated
obligations
general
class
thereof
sovereign
matter
determined
confiscate
amounts
due
dunhill
foreign
importers
ante
cases
demonstrate
act
state
need
formalized
particular
manner
also
need
take
form
active
rather
passive
conduct
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villa
come
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possession
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sought
replevied
oetjen
instead
seizing
simply
refused
plaintiff
demand
possession
result
different
indeed
far
report
underhill
case
reveals
plaintiff
seeking
recovery
detention
challenged
general
hernandez
refusal
anything
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passport
foreign
sovereign
issued
formal
decree
performed
affirmative
act
fatal
act
state
claim
foreign
state
exercised
sovereign
power
either
act
refrain
acting
act
state
case
similar
one
new
york
appeals
held
cuban
bank
dishonoring
tax
exemption
certificates
redemption
suspended
decision
cuban
currency
stabilization
fund
act
state
french
banco
nacional
de
cuba
act
state
wrote
defendant
refusal
perform
currency
regulations
though
equally
product
act
state
simply
justification
refusal
take
dispute
refusal
act
constitutes
act
state
shown
reflect
exercise
sovereign
power
rather
finds
exercise
sovereign
power
retain
funds
issue
arrived
cuba
refusal
repay
suggests
necessarily
reflect
anything
interventors
initial
contention
rejected
district
appeals
september
intervention
decree
operated
seize
accounts
receivable
intervened
firms
unwilling
infer
fact
cuba
seized
assets
cigar
business
cuban
nationals
must
necessarily
made
later
discriminatory
confiscatory
seizure
money
belonging
companies
ante
already
indicated
however
respondents
position
need
limited
contention
september
decree
operated
seize
preintervention
accounts
receivable
counsel
interventors
republic
cuba
stated
trial
brief
oral
argument
nder
act
state
doctrine
cuban
government
accepting
expropriating
seizing
nationalizing
whatever
words
want
take
money
done
pursuant
regulation
law
decree
government
cuba
therefore
courts
state
look
matter
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talking
extraterritorial
effect
act
state
talking
territorial
effect
namely
seizure
acceptance
appropriation
money
got
cuba
concerned
whether
expropriated
debts
september
question
happened
october
october
november
december
money
came
time
cuban
government
took
money
act
state
doctrine
belongs
cuban
government
tr
brief
respondents
reply
brief
amicus
curiae
tr
oral
rearg
statements
counsel
acts
state
authoritative
representations
position
counsel
clients
interventors
republic
cuba
respect
monies
possession
statements
serve
confirm
continued
retention
monies
undertaken
exercise
sovereign
power
ii
justice
white
advances
contention
adopted
even
cuban
government
purported
exercise
sovereign
power
confiscate
monies
issue
ante
act
state
doctrine
inapplicable
purely
commercial
nature
confiscation
prompted
make
several
observations
suggested
rationale
broad
commercial
act
exception
act
state
doctrine
ultimately
need
consider
whether
circumstances
exception
commercial
acts
might
appropriate
suffice
say
exception
appropriate
case
note
outset
commercial
act
exception
act
state
doctrine
supported
department
state
recent
bernstein
letter
department
expressed
opinion
conduct
foreign
policy
suffer
embarrassment
declined
apply
act
state
doctrine
case
declined
apply
doctrine
commercial
cases
general
indeed
overruled
banco
nacional
de
cuba
sabbatino
justice
white
quite
properly
rely
specifically
upon
views
department
six
members
first
nat
city
bank
banco
nacional
de
cuba
hereinafter
citibank
disapproved
finally
bernstein
exception
act
state
doctrine
thus
minimizing
significance
letter
department
state
douglas
concurring
result
ibid
powell
concurring
judgment
brennan
dissenting
whether
act
state
question
case
viewed
confined
single
dispute
extending
broad
class
disputes
task
defining
role
judiciary
executive
branch
concluding
act
state
doctrine
apply
purely
commercial
acts
sovereign
nations
justice
white
relies
heavily
upon
widespread
acceptance
restrictive
theory
sovereign
immunity
declines
extend
immunity
foreign
governments
acting
private
commercial
capacity
restrictive
theory
sovereign
immunity
adopted
even
assume
law
country
follow
commercial
act
exception
act
state
doctrine
true
course
particular
litigant
claim
may
effectively
defeated
application
act
state
doctrine
foreign
government
invocation
sovereign
immunity
doctrines
sovereign
immunity
act
state
related
differ
fundamentally
focus
operation
sovereign
immunity
accords
defendant
exemption
suit
virtue
status
contrast
act
state
doctrine
exempts
one
process
equally
applicable
whether
sovereign
nation
party
act
state
doctrine
merely
tells
law
apply
case
concerns
limits
determining
validity
otherwise
applicable
rule
law
sabbatino
absence
unambiguous
agreement
regarding
controlling
principles
international
law
act
state
doctrine
commands
acts
sovereign
nation
committed
territory
accorded
presumptive
validity
act
state
doctrine
although
shares
immunity
doctrine
respect
sovereign
serves
important
policies
entirely
independent
rule
citibank
supra
brennan
dissenting
quoting
sabbatino
supra
act
state
doctrine
mandated
text
constitution
constitutional
underpinnings
sabbatino
supra
arises
basic
relationships
branches
government
system
separation
powers
concerns
competency
dissimilar
institutions
make
implement
particular
kinds
decisions
area
international
relations
doctrine
formulated
past
decisions
expresses
strong
sense
judicial
branch
engagement
task
passing
validity
foreign
acts
state
may
hinder
rather
country
pursuit
goals
community
nations
whole
international
sphere
ibid
doctrine
sovereign
immunity
concerned
status
party
lawsuit
focus
circumstances
mentioned
simply
designed
responsive
particular
considerations
underlying
act
state
doctrine
whatever
exceptions
may
sovereign
immunity
transferred
automatically
therefore
act
state
doctrine
question
wisdom
attempting
articulation
broad
exception
act
state
doctrine
within
confines
single
case
sabbatino
aware
variety
situations
presenting
act
state
questions
complexity
relevant
considerations
eschewed
inflexible
rule
favor
approach
carving
broad
exceptions
doctrine
fundamentally
odds
careful
approach
adopted
sabbatino
indeed
difficult
discern
precise
scope
commercial
act
exception
contemplated
justice
white
final
analysis
however
unnecessary
consider
whether
exception
responsive
concerns
underlying
act
state
doctrine
every
case
might
apply
exception
covers
case
unresponsive
cuba
retention
refusal
repay
funds
issue
case
took
place
background
intervention
nationalization
businesses
assets
five
cigar
manufacturers
already
indicated
seizure
retention
dunhill
funds
pursuant
initial
intervention
decree
practical
purposes
seizure
funds
arrived
cuba
indistinguishable
seizure
remainder
cigar
manufacturers
businesses
seizure
funds
like
initial
seizures
september
reflected
purpose
exert
sovereign
power
territorial
limits
order
effectuate
intervention
ongoing
cigar
manufacturing
businesses
matters
funds
determined
case
belonged
dunhill
rather
cigar
manufacturers
matter
cuba
retained
money
course
program
expropriating
viewed
part
parcel
businesses
applicability
act
state
doctrine
circumstances
controlled
sabbatino
noted
issues
international
law
today
opinion
seems
divided
limitations
state
power
expropriate
property
aliens
indeed
absence
suggestion
cuba
intervention
program
discriminatory
citizens
renders
lack
consensus
applicable
principles
law
even
apparent
sabbatino
see
citibank
brennan
dissenting
unless
one
takes
position
amount
money
value
property
seized
materially
affects
sensitivity
issues
guided
case
following
observation
sabbatino
difficult
imagine
courts
country
embarking
adjudication
area
touches
sensitively
practical
ideological
goals
various
members
community
nations
omitted
iii
since
view
retention
refusal
repay
funds
issue
constitute
act
state
ordinarily
preclude
affirmative
judgment
cuba
interventors
necessary
proceed
second
question
granted
certiorari
whether
dunhill
may
nonetheless
secure
affirmative
judgment
peculiar
circumstances
case
brief
recapitulation
facts
necessary
understand
dunhill
contention
entitled
affirmative
recovery
spite
presence
act
state
dunhill
one
three
importers
time
intervention
received
cigars
yet
paid
three
months
following
intervention
importers
paid
interventors
amounts
due
preintervention
shipments
period
intervention
february
importers
took
delivery
additional
shipments
payment
made
suit
stems
nine
suits
brought
importers
former
owners
five
intervened
firms
inter
alia
restrain
payment
anyone
else
goods
manufactured
firms
bearing
mark
recover
goods
importers
already
received
interventors
brought
suit
names
intervened
firms
enjoin
former
owners
counsel
pursuing
nine
actions
firms
names
substitute
attorneys
former
owners
nine
suits
district
ruled
preliminary
matter
interventors
former
owners
entitled
sue
payment
postintervention
shipments
palicio
compania
brush
supp
sdny
aff
cert
denied
sub
nom
brush
republic
cuba
original
nine
actions
consolidated
trial
interventors
pursuing
claim
payments
shipments
former
owners
interventors
pursuing
claims
payments
preintervention
shipments
district
concluded
former
owners
interventors
entitled
payment
preintervention
shipments
view
interventors
refusal
return
monies
paid
preintervention
shipments
involve
act
state
district
set
amount
amount
owed
importers
interventors
postintervention
shipments
menendez
faber
coe
gregg
supp
sdny
alone
among
importers
dunhill
paid
interventors
preintervention
shipments
owed
postintervention
shipments
accordingly
district
directed
affirmative
judgment
entered
dunhill
favor
appeals
found
act
state
cuba
retention
monies
paid
preintervention
shipments
interpreted
various
views
expressed
citibank
indicating
nevertheless
uphold
importers
counterclaims
limits
respective
claims
asserted
interventors
reversed
judgment
district
insofar
granted
dunhill
affirmative
recovery
menendez
saks
second
question
granted
certiorari
whether
cuba
conduct
constitutes
act
state
dunhill
may
nonetheless
assert
full
counterclaim
circumstances
case
counterclaim
exceeds
cuba
claim
less
amount
owed
cuba
importers
group
citibank
held
act
state
doctrine
necessarily
bar
defendant
litigating
merits
limited
counterclaim
foreign
state
suing
courts
country
petitioner
american
bank
whose
branches
cuba
nationalized
bank
responded
selling
collateral
securing
loan
million
respondent
banco
nacional
de
cuba
instrumentality
state
banco
nacional
sued
excess
proceeds
realized
sale
first
national
counterclaimed
equal
amount
damages
resulting
expropriation
property
various
reasons
asserted
three
separate
opinions
bare
majority
allowed
prosecution
counterclaim
limited
amount
recoverable
first
national
concerned
status
counterclaim
excess
foreign
state
principal
claim
precise
question
addressed
citibank
whether
counterclaim
limited
amount
foreign
state
claim
may
barred
act
state
doctrine
cover
present
situation
approach
adopted
justice
brennan
dissent
citibank
barred
counterclaim
limited
amount
foreign
state
claim
sufficient
fortiori
bar
dunhill
excessive
counterclaim
even
putting
approach
aside
judgment
appeals
denying
affirmative
relief
dunhill
affirmed
affirmative
judgment
excess
counterclaim
foreign
state
principal
claim
indistinguishable
important
respect
ordinary
affirmative
judgment
case
situation
precisely
cuba
voluntarily
recognized
validity
dunhill
claim
amount
equal
parties
agreed
extrajudicially
consider
claims
canceling
pro
tanto
dunhill
sued
cuba
unsettled
remainder
claim
courts
presented
unadorned
suit
foreign
sovereign
barred
act
state
doctrine
affirmative
judgment
offends
policy
judicial
abstention
interference
international
relations
equal
degree
whether
founded
upon
naked
suit
foreign
state
excessive
counterclaim
dunhill
contends
however
nature
act
state
question
affected
fortuity
counterclaim
exceeding
cuba
principal
claim
lesser
amount
sum
judgments
entered
favor
cuba
three
importers
whose
cases
consolidated
trial
contention
suffers
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