FRENCH v. BANCO NACIONAL de CUBA


23 N.Y.2d 46 (1968)

Hazel W. French, Respondent, v. Banco Nacional de Cuba, Appellant.

Court of Appeals of the State of New York.

Reargued September 24, 1968.

Decided October 15, 1968.


Attorney(s) appearing for the Case

Victor Rabinowitz and Leonard B. Boudin for appellant.

Edward G. Bathon and John N. Regan for respondent.

Opinion by Chief Judge FULD in which Judges BERGAN, JASEN and HOPKINS concur, Judge HOPKINS in a separate opinion in which Chief Judge FULD and Judges BERGAN and JASEN concur; Judge BURKE dissents and votes to affirm in an opinion in which Judges SCILEPPI and KEATING concur, Judge KEATING in a separate opinion in which Judges BURKE and SCILEPPI concur.


Chief Judge FULD.

On this appeal from a judgment in favor of the plaintiff in an action for a breach of contract, two questions were originally briefed and argued — first, whether the defendant is entitled to sovereign immunity and, second, whether the defendant may invoke the "act of state" doctrine. We ordered reargument, requesting the parties to address themselves to further questions, the primary one...

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