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OLIVA v. PAN AMERICAN LIFE INSURANCE COMPANY

Nos. 29264, 29318.

448 F.2d 217 (1971)

Martin E. OLIVA, as Administrator C.T.A. of the Estate of Pedro Menendez, also known as Pedro Menendez Rodriguez, deceased, Plaintiff-Appellee, Cross-Appellant, v. PAN AMERICAN LIFE INSURANCE COMPANY, a Louisiana corporation, Defendant-Appellant, Cross-Appellee. Martin E. OLIVA, as Administrator C.T.A. of the Estate of Pedro Menendez, deceased, Plaintiff-Appellee, v. The AETNA INSURANCE COMPANY, a Connecticut corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 13, 1971.

Attorney(s) appearing for the Case

William A. Gillen, Fowler, White, Gillen, Humkey & Kinney, P.A., Tampa, Fla., for defendant-appellant, cross-appellee.

John P. Corcoran, Jr., Tampa, Fla., for plaintiff-appellee, cross-appellant.

Before JOHN R. BROWN, Chief Judge, and WISDOM and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Though Fidel Castro has now been in power over twelve years, his take-over of the Cuban Government continues to raise legal wrangles. In these two cases, we must again determine the effect of Cuban expropriation decrees upon Cuban citizens who have fled to seek refuge in the United States. Since both cases here concern the application of the act of state doctrine and both involve the same person, they will be considered together.

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