Legal Opinion
Proyecfin De Venezuela, S.A. v. Banco Industrial De Venezuela, S.A.
Court of Appeals for the Second Circuit
Decided April 4, 1985No. 889, Docket 84-7946PublishedCited by 59 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
This is an appeal from a judgment entered in the Southern District of New York, Vincent L. Broderick, District Judge, denying appellant’s motion to remand the action to the Supreme Court of the State of New York, County of New York, from which the action had been removed, and sua sponte dismissing the action with prejudice for lack of subject matter jurisdiction. The issues presented are (1) whether appellee, an instrumentality of a foreign sovereign, has waived its right to immunity under the Foreign Sovereign Immunities Act of 1976 (1982); (2) whether appellee agreed…
2Cases cited15 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Cohens v. VirginiaSupreme Court of the United States · 1821
- England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
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3Cited by59 opinions
- Price v. Socialist People's Libyan Arab JamahiriyaCourt of Appeals for the D.C. Circuit · 2002
- Blanco v. Banco Industrial de Venezuela, S.A.Court of Appeals for the Second Circuit · 1993
- In Re Delta America Re Insurance Co.Court of Appeals for the Sixth Circuit · 1990
- In Re Texas Eastern Transmission Corp. Pcb Contamination Insurance Coverage Litigation (Mdl No. 764). Associated Electric & Gas Insurance Services, Ltd. National Surety Corporation v. Texas Eastern Transmission Corporation Fidelity & Casualty Insurance Company of New York Certain Underwriters at Lloyds of London, Including the Insurance Company of Ireland Aetna Casualty and Surety Company American Home Assurance Company Boston Old Colony Insurance Company Continental Casualty Insurance Company First State Insurance Company Highlands Insurance Company the Home Insurance Company Insurance Company of North America Insurance Company of the State of Pennsylvania International Insurance Company Lexington Insurance Company Midland Insurance Company Mutual Marine Insurance Company Prudential Reinsurance Company Ranger Insurance Company Republic Insurance Company Stonewall Insurance Company Pennsylvania Insurance Guaranty Association United States of America United States Environmental Protection Agency (d.c. Civil No. 88-02126). The Fidelity & Casualty Co. Of New York v. The Texas Eastern Transmission Corp. (d.c. Civil No. 88-05039). Texas Eastern Transmission Corporation v. Fidelity and Casualty Company of New York Associated Electric & Gas Insurance Services, Ltd. Aetna Casualty and Surety Company American Home Assurance Company, A/K/A American Home Insurance Company Boston Old Colony Insurance Company Cigna Insurance Company Continental Casualty Company Employers Mutual Casualty Company First State Insurance Company Highlands Insurance Company the Home Insurance Company the Insurance Company of North America Insurance Company of the State of Pennsylvania International Insurance Company Lexington Insurance Company Midland Insurance Company National Surety Corporation Prudential Reinsurance Company Ranger Insurance Company Republic Insurance Company Stonewall Insurance Company United States Fire Insurance Company Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies (d.c. Civil No. 88-05707), Texas Eastern Transmission CorporationCourt of Appeals for the First Circuit · 1994
- L'Europeenne De Banque v. La Republica De VenezuelaDistrict Court, S.D. New York · 1988
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