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ALFRED DUNHILL OF LONDON, INC. v. REPUBLIC OF CUBA

No. 73-1288.

425 U.S. 682 (1976)

ALFRED DUNHILL OF LONDON, INC. v. REPUBLIC OF CUBA ET AL.

Supreme Court of United States.

Reargued January 19, 1976.

Decided May 24, 1976.

Attorney(s) appearing for the Case

Victor S. Friedman reargued the cause and filed a supplemental brief for the petitioner. With him on the brief on the original argument was Peter D. Ehrenhaft.

Victor Rabinowitz reargued the cause for respondents. With him on the briefs on reargument were Michael Krinsky and Dorian Bowman. With him on the brief on the original argument was Mr. Bowman.

Antonin Scalia argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Bork, Assistant Attorney General Lee, Deputy Solicitor General Jones, and Bruno A. Ristau.*

MR. JUSTICE WHITE delivered the opinion of the Court.†

The issue in this case is whether the failure of respondents to return to petitioner Alfred Dunhill of London, Inc. (Dunhill), funds mistakenly paid by Dunhill for cigars that had been sold to Dunhill by certain expropriated Cuban cigar businesses was an "act of state" by Cuba precluding an affirmative judgment against respondents.

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