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SPACIL v. CROWE

No. 73-3599.

489 F.2d 614 (1974)

Dusan SPACIL, Ambassador of the Czechoslovak Socialist Republic, Petitioner, v. The Honorable Guthrie F. CROWE, United States District Court Judge for the District of the Canal Zone, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

February 13, 1974.

Attorney(s) appearing for the Case

Leonard B. Boudin, Michael Krinsky, New York City, Bruno Ristau, Atty., Dept. of Justice, Civil Div., Washington, D. C., for petitioner.

Guthrie F. Crowe, Judge, Balboa Heights, Canal Zone, Robert E. Herzstein, Washington, D. C., Betty Olchin, Balboa, Canal Zone, Donald W. Doyle, Howard J. Smith, Donald W. Doyle, Jr., New Orleans, La., for respondents.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

WISDOM, Circuit Judge:

This case concerns executive preemption of the decision to grant a foreign sovereign immunity from suit in our courts.

On November 13, 1973, we granted a petition for a writ of mandamus in this action, directing the district court for the district of the Canal Zone "to order the release of the vessel `M/V Imias' and to refrain from exercising any jurisdiction over that ship and over the action...

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