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SOUTHEASTERN LEAS. CORP. v. STERN DRAGGER BELOGORSK ETC.

Nos. 73-1318, 73-1319.

493 F.2d 1223 (1974)

SOUTHEASTERN LEASING CORP. et al., Plaintiffs, Appellants, v. STERN DRAGGER BELOGORSK Etc., Defendant, Appellee. DEEP, DEEP OCEAN PRODUCTS, INC., Plaintiff, Appellant, v. UNION OF SOVIET SOCIALIST REPUBLICS et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 20, 1974.

Attorney(s) appearing for the Case

William T. Conlan and Richard A. Dempsey, Boston, Mass., with whom Ely, Bartlett, Brown & Proctor and Glynn & Dempsey, Boston, Mass., were on brief, for plaintiffs, appellants.

DeLane E. Anderson, Jr., Boston, Mass., with whom William R. Vincent, Carmen Anthony Russo, Harry J. Hayes, Vincent, Berg & Russo, Jerome V. Flanagan, and Kisloff, Hoch, Shuman & Flanagan, Boston, Mass., were on brief, for defendants, appellees.

Morton Hollander, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., James N. Gabriel, U. S. Atty., and Bruno A. Ristau, Atty., Dept. of Justice, were on brief, for United States, amicus curiae.

Before COFFIN, Chief Judge, Mc-ENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

The district court, acting upon a suggestion of immunity from the State Department filed by the Attorney General, dismissed the actions brought by appellants and ordered the release of the arrested vessel BELOGORSK. Appellants maintain that the vessel in question is neither owned nor controlled by the U.S.S.R. and that the suggestion of immunity was, therefore, improper. Faced with such allegations, the court erred, according to appellants, in accepting...

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