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BANCO NACIONAL de CUBA v. FIRST NATIONAL CITY BANK OF N. Y.

Nos. 798, 799, Dockets 32533, 33864.

442 F.2d 530 (1971)

BANCO NACIONAL de CUBA, Plaintiff-Appellant, v. The FIRST NATIONAL CITY BANK OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 27, 1971.

Attorney(s) appearing for the Case

Victor Rabinowitz, New York City (Rabinowitz, Boudin & Standard, New York City, on the brief), for plaintiff-appellant.

Henry Harfield, New York City (Shearman & Sterling, Herman E. Compter and James B. Keenan, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and BLUMENFELD, District Judge.

LUMBARD, Chief Judge:

This case comes to us on remand from the Supreme Court for our reconsideration in light of the views of the Department of State expressed subsequent to our original decision which was filed on July 16, 1970. Banco Nacional de Cuba v. First National City Bank of New York, 431 F.2d 394 (2d Cir. 1970). For the reasons stated below, we adhere to our prior decision and reverse and remand to the district court.

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