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FLOTA MARITIMA BROWNING DE CUBA v. MOTOR VESSEL CIUDAD

No. 9127.

335 F.2d 619 (1964)

FLOTA MARITIMA BROWNING DE CUBA, SOCIADAD ANONIMA, Libelant, Appellee, v. MOTOR VESSEL CIUDAD DE LA HABANA, her Motors, Tackle, etc., Appellant. BANCO CUBANO DEL COMERCIO EXTERIOR, succeeded by Banco Para El Comercio Exterior, De Cuba, Respondent, Banco Para El Comercio Exterior De Cuba, successor to Banco Cubano Del Comercio Exterior, Cross-Libelant, Appellee, v. SOCIADAD ANONIMA, Cross-Respondent, Flota Maritima Browning De Cuba, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 14, 1964.

Attorney(s) appearing for the Case

Leonard B. Boudin, Washington, D. C. (Robert H. Williams, Jr., and Niles, Barton, Gans & Markell, Baltimore, Md., on brief), for appellant Motor Vessel Ciudad De La Habana, etc.

William A. Grimes, Baltimore, Md. (Ober, Williams, Grimes & Stinson, Baltimore, Md., on brief), for appellee Flota Maritima Browning De Cuba, etc.

Before HAYNSWORTH, BOREMAN and BRYAN, Circuit Judges.

HAYNSWORTH, Circuit Judge:

Sovereign immunity, asserted on behalf of the Republic of Cuba, was held by the District Court to be unavailing. It found that Cuba's immunity, if any, had been waived when it filed answers to the libels without suggesting its immunity. We agree.

Banco Cubano Del Comercio Exterior and its successor, Banco Para El Comercio Exterior, De Cuba, were Cuban corporations organized by the Republic of Cuba for advancement of her foreign trade...

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