Legal Opinion

National Petrochemical Co. of Iran v. The M/T Stolt Sheaf

Court of Appeals for the Second Circuit

Decided October 31, 1988No. 1005, Docket 87-9022PublishedCited by 6 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

The sole question presented on this appeal is whether National Petrochemical Company of Iran (NPC), a foreign corporation wholly owned by the government of Iran, is entitled to bring suit as a plaintiff in a diversity action in federal court. To answer such a question in this shoalstrewn area of the law, it is wise for courts to have in mind, like doctors taking the Hippocratic oath, that they must “first, do no harm.” For the reasons that follow, we hold that NPC may maintain its action in the courts of the United States.

I

A brief background is necessary. In November…

2Cases cited10 opinions

  1. Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
  2. United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936
  3. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  4. Texas v. WhiteSupreme Court of the United States · 1869
  5. Pfizer Inc. v. Government of IndiaSupreme Court of the United States · 1978

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3Cited by6 opinions

  1. Republic of Liberia v. BickfordDistrict Court, S.D. New York · 1992
  2. National Petrochemical Co. of Iran v. M/T Stolt SheafDistrict Court, S.D. New York · 1989
  3. Morgan Guaranty Trust Co. of New York v. Republic of PalauCourt of Appeals for the Second Circuit · 1991
  4. Morgan Guaranty Trust Company Of New York v. Republic Of PalauCourt of Appeals for the Second Circuit · 1991
  5. Matimak Trading Co. v. Albert Khalily, D/B/A Unitex Mills, Inc., and D.A.Y. Kids Sportswear Inc.Court of Appeals for the Second Circuit · 1997

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