Schneider v. City of Rome

Byrnes, Ch. J.

The defendant, having appeared specially, asserts that it is immune from the process of this court by reason of its alleged sovereignty.

Although it is true that a person, agency or instrumentality representing a foreign sovereign is immune from suit, it does not necessarily follow that a so-called subdivision of a sovereign power is immune. In Sullivan v. State of Sao Paulo (122 F. 2d 355) sovereign immunity was extended to one of the constituent States of the United States of Brazil. In a concurring opinion (pp. 360-361) Learned Hand, J., took the view that the position of our…