AMERICAN INTERN. GROUP v. ISLAMIC REPUBLIC OF IRAN

Nos. 80-1779, 80-1891 and 80-2541 to 80-2543.

657 F.2d 430 (1981)

AMERICAN INTERNATIONAL GROUP, INC., et al. v. ISLAMIC REPUBLIC OF IRAN, et al., Appellants, United States, Intervenor. PFIZER INC., et al. v. ISLAMIC REPUBLIC OF IRAN, The Ministry of Health and Welfare of the Islamic Republic of Iran, and The Ministry of Industries and Mines of the Islamic Republic of Iran, Appellants, Bank Markazi Iran, et al. United States, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1981.

Opinion June 5, 1981.


Attorney(s) appearing for the Case

Michael F. Hertz, Atty., Dept. of Justice, Washington, D.C., with whom Thomas S. Martin, Acting Asst. Atty. Gen., Robert E. Kopp and John F. Cordes, Attys., Dept. of Justice, Washington, D. C., were on the brief, for United States, intervenor in Nos. 80-1779, 80-1891, 80-2541, 80-2542 and 80-2543. Charles F. C. Ruff, U. S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U. S. Attys., and J. Christopher Kohn, Atty., Dept. of Justice, Washington, D. C., also entered appearances for United States.

Thomas G. Shack, Jr., Washington, D. C., with whom Christine Cook Nettesheim, Thomas D. Silverstein, John D. Aldock and John Townsend Rich, Washington, D. C., were on the brief, for Islamic Republic of Iran, et al., appellants in Nos. 80-1779, 80-1891 and 80-2541.

Eric M. Lieberman, New York City, with whom Leonard B. Boudin, New York City, and Allan S. Hoffman, Washington, D. C., were on the brief, for Bank Markazi Iran, appellants in No. 80-2542. Robert A. Seefried, Washington, D. C., also entered an appearance for Bank Markazi Iran.

Daniel P. Levitt, New York City, with whom Allan S. Hoffman, Washington, D. C., was on the brief for Iranians Bank, appellant in No. 80-2543.

Monroe Leigh, Washington, D. C., with whom Daniel J. Plaine and Alice L. Mattice, Washington, D. C., were on the brief, for Pfizer, Inc., et al., appellees in Nos. 80-2541, 80-2542 and 80-2543. Valerie A. Slater, Washington, D. C., also entered an appearance for Pfizer, Inc., et al.

Walter D. Vinyard, Jr., Washington, D. C., with whom Michael K. Madden and Sidney O. Smith, Washington, D. C., were on the brief, for Continental Corp., appellee in Nos. 80-1779 and 80-1891.

David R. Hyde, New York City, with whom Donald J. Mulvihill, Washington, D. C., was on the brief for American International Group, Inc., et al., appellees in Nos. 80-1779 and 80-1891.

Joseph A. Artabane, Washington, D. C., also entered an appearance for INA Corp., appellee in Nos. 80-1779 and 80-1891.

Stephen M. Truitt, Washington, D. C., was on the brief for TCSB, Inc., et al., amici curiae urging the availability of a remedy against the United States in Nos. 80-1779 and 80-1891.

Alan Raywid and Margaret E. Rolnick, Washington, D. C., were on the brief for Sperry Corp., et al., amici curiae in support of Pfizer, Inc., in Nos. 80-1779, 80-1891, 80-2541, 80-2542 and 80-2543.

David Ginsburg, Lee R. Marks and Alan S. Weitz, Washington, D. C., were on the brief, for American Bell International, Inc., amicus curiae in Nos. 80-1779, 80-1891, 80-2541, 80-2542 and 80-2543, urging that this Court reserve decision with respect to claimants lacking an arbitral remedy.

William R. Hyde, Jr., Washington, D. C., was on the brief for Touche Ross and Co., et al., amici curiae in Nos. 80-1779, 80-1891, 80-2541, 80-2542 and 80-2543, urging that this Court reserve decision with respect to claimants lacking an arbitral remedy.

Sherman E. Katz, Washington, D. C., was on the brief for Sylvania Technical Systems, Inc., amicus curiae in Nos. 80-1779, 80-1891, 80-2541, 80-2542 and 80-2543, urging that certain claimants may be entitled to just compensation as a matter of equal protection.

Before McGOWAN and MIKVA, Circuit Judges, and JAMESON, Senior District Judge for the District of Montana.


Opinion for the Court filed by Circuit Judge McGOWAN.

Separate Statement filed by Circuit Judge McGOWAN, in which Senior District Judge JAMESON concurs.

Separate Statement filed by Circuit Judge MIKVA.

McGOWAN, Circuit Judge:

While these cases were before this Court on interlocutory appeal, the United States and Iran on January 19, 1981 settled by executive agreement the crisis stemming from the seizure of the American Embassy in Iran and the...

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