Malev Hungarian Airlines v. United Technologies International Inc.

FEINBERG, Circuit Judge (dissenting):

The surest way to misconstrue a statute, one of our greatest federal judges said, is to apply it literally without regard to its purpose. See Cabell v. Markham, 148 F.2d 737, 739 (2d Cir.1945), aff’d, 326 U.S. 404, 66 S.Ct. 193, 90 L.Ed. 165 (1945). That, I fear, is what the majority has done here, thereby creating a precedent that bodes ill for a federal judicial system that is struggling to stay afloat. This appears to be the only reported decision requiring a United States court generally to supervise imposition of United States procedures *103with respect…