DAMES & MOORE v. REGAN

No. 80-2078.

453 U.S. 654 (1981)

DAMES & MOORE v. REGAN, SECRETARY OF TREASURY, ET AL.

Supreme Court of United States.

Decided July 2, 1981.


Attorney(s) appearing for the Case

C. Stephen Howard argued the cause for petitioner. With him on the briefs were Raymond C. Fisher and Stanley C. Fickle.

Rex E. Lee argued the cause for the federal respondents. On the briefs were Solicitor General McCree, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Geller, Edwin S. Kneedler, Robert E. Kopp, and Michael F. Hertz.

Thomas G. Shack, Jr., argued the cause for intervenor-respondent Islamic Republic of Iran. With him on the briefs were Raymond J. Kimball and Christine Cook Nettsheim. Eric M. Lieberman argued the cause for intervenor-respondent Bank Markazi Iran. With him on the briefs were Leonard B. Boudin, Gordon J. Johnson, Michael Krinsky, Ellen J. Winner, Edward Copeland, and Judith Levin. Elihu Inselbuch filed a brief for intervenor-respondent Atomic Energy Organization of Iran.*

Daniel P. Levitt, Michael S. Oberman, Greg A. Danilow, Alan R. Friedman, and Martin S. Zohn filed a brief for Bank Melli Iran et al. as amici curiae urging affirmance.

Briefs of amici curiae were filed by David Ginsburg, Lee R. Marks, Alan S. Weitz, James A. DeBois, and Frank M. Steadman, Jr., for American Bell International Inc.; by Thomas W. Luce III, M. David Bryant, Jr., Eugene Zemp DuBose, Monroe Leigh, and Michael Sandler for Electronic Data Systems Corporation Iran; by Brice M. Clagett and Paul G. Gaston for FLAG, Inc.; by Bartlett H. McGuire, Karen E. Wagner, George M. Duff III, Ralph L. McAfee, George F. Hritz, Robert B. von Mehren, Richard J. Medalie, Joseph S. Hellman, Norman R. Nelson, Richard C. Tufaro, A. H. Wilcox, Gilbert J. Helwig, John E. Hoffman, Jr., Thomas W. Cashel, Edwin McAmis, John W. Dickey, Michael M. Maney, and Peter H. Kaminer for Morgan Guaranty Trust Company of New York; by Michael Burrows, Robert B. Davidson, Lawrence W. Newman, David R. Hyde, Michael P. Tierney, Powell Pierpoint, Joseph S. Hellman, Kurt J. Wolff, Jeremiah D. Lambert, William Coston, Edward A. Woolley, James Schreiber, and James M. McHale for Reading & Bates Corp. et al.; by Alan Raywid and Margaret E. Rolnick for Sperry Corp. et al.; by John Carey and Jerry L. Siegel for Sylvania Technical Systems, Inc.; and by Alan I. Rothenberg and Robert E. Mangels for Jerry Plotkin.


JUSTICE REHNQUIST delivered the opinion of the Court.

The questions presented by this case touch fundamentally upon the manner in which our Republic is to be governed. Throughout the nearly two centuries of our Nation's existence under the Constitution, this subject has generated considerable debate. We have had the benefit of commentators such as John Jay, Alexander Hamilton, and James Madison writing in The Federalist Papers at the Nation's very inception, the benefit...

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