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BANCO DO BRASIL v. ISRAEL CO.

12 N.Y.2d 371 (1963)

Banco Do Brasil, S. A., Appellant, v. A. C. Israel Commodity Co., Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Richard L. Newman, Frank E. Nattier, Jr., and Irving E. Kanner for appellant.

Jerome J. Londin, John P. Campbell and Michael A. Schwind for respondent.

Judges VAN VOORHIS, FOSTER and SCILEPPI concur with Judge BURKE; Chief Judge DESMOND dissents in an opinion in which Judges DYE and FULD concur.

BURKE, J.

The action upon which the attachment here challenged is based is brought by appellant as an instrumentality of the Government of Brazil to recover damages for a conspiracy to defraud the Government of Brazil of American dollars by illegally circumventing the foreign exchange regulations of Brazil.

Defendant-respondent, Israel Commodity, a Delaware corporation having its principal place of business...

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