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BANCO NACIONAL DE CUBA v. SABBATINO

No. 226, Docket 27268.

307 F.2d 845 (1962)

BANCO NACIONAL DE CUBA, Appellant, v. Peter L. F. SABBATINO, as Receiver, and F. Shelton Parr, William F. Prescott, Emet Whitlock, Lawrence H. Dixon, H. Bartow Farr, Elizabeth C. Prescott, Fabio Freyre and Helen G. Downs, co-partners doing business as Farr, Whitlock & Co., Appellees.

United States Court of Appeals Second Circuit.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Rabinowitz & Boudin, New York City (Victor Rabinowitz, Leonard B. Boudin, Michael B. Standard, Mary Kaufman, New York City, of counsel), for appellant.

Harold L. Fisher and Ross J. DiLorenzo, Brooklyn, N. Y. (Harold L. Fisher, Brooklyn, N. Y., Joseph Slavin, New York City, of counsel), for appellee Sabbatino.

Choate, Mitchell, Baker & Nelson, New York City (Robert L. Augenblick, Winthrop S. Emmet, New York City, of counsel), for appellee Farr-Whitlock.

John G. Laylin, Washington, D. C., (Covington & Burling, Ky P. Ewing, Jr., R. Markham Ball, Washington, D. C., of counsel), for Cuban-American Sugar Co. and Cuban American Sugar Mills Co., amici curiae.

Before WATERMAN, KAUFMAN and MARSHALL, Circuit Judges.

WATERMAN, Circuit Judge.

The plaintiff, the financial agent of the Government of Cuba, appeals from a summary judgment entered in the United States District Court for the Southern District of New York, dismissing its complaint against the defendant Peter L. F. Sabbatino, the New York Temporary Receiver, who is holding the proceeds of a certain shipment of sugar, and against the defendant Farr, Whitlock & Co., the commodity broker which negotiated the sale of the...

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