Legal Opinion · Concurring in the judgment
Caribbean Trading and Fidelity Corporation v. Nigerian National Petroleum Corporation
Court of Appeals for the Second Circuit
Decided October 30, 1991No. 1924, Docket 91-7445Published
1Concurring in the judgmentMahoney, Circuit Judge
I concur in the judgment of affirmance, but write separately because of my disagreement with the majority’s ruling as to appealability.
I note at the outset the majority’s observation that Sperry Int’l Trade, Inc. v. Government of Israel, 689 F.2d 301, 305 n. 7 (2d Cir.1982), and Williamette Transport, Inc. v. CIA. Anonima Venezolana de Navegacion, 491 F.Supp. 442, 443-44 (E.D.La.1980), cast doubt upon the proposition “that an order requiring the posting of security is an ‘attachment’ of a foreign state’s property within the meaning of the FSIA.” Williamette involved a special situation of…
2Cases cited8 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Sperry International Trade, Inc. v. Government of Israel, Sperry International Trade, Inc. v. Government of IsraelCourt of Appeals for the Second Circuit · 1982
- Segni v. Commercial Office of SpainCourt of Appeals for the Seventh Circuit · 1987
- S & S MacHinery Co. v. Masinexportimport, a Romanian Corporation, and the Romanian Bank for Foreign TradeCourt of Appeals for the Second Circuit · 1983
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