SUMITOMO SHOJI AMERICA, INC. v. AVAGLIANO

No. 80-2070.

457 U.S. 176 (1982)

SUMITOMO SHOJI AMERICA, INC. v. AVAGLIANO ET AL.

Supreme Court of United States.

Decided June 15, 1982


Attorney(s) appearing for the Case

Abram Chayes argued the cause for petitioner in No. 80-2070 and respondent in No. 81-24. With him on the briefs were J. Portis Hicks, Jiro Murase, and Carl J. Green.

Lewis M. Steel argued the cause and filed a brief for respondents in No. 80-2070 and petitioners in No. 81-24.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Lee, Assistant Attorney General Reynolds, Edwin S. Kneedler, Brian K. Landsberg, and Michael J. Connolly.

Briefs of amici curiae urging affirmance were filed by Nathan Z. Dershowitz for the American Jewish Congress et al.; by Thomas I. Atkins for the National Association for the Advancement of Colored People; and by Edward John O'Neill, Jr., for Michael E. Spiess et al.

Briefs of amici curiae were filed by Robert Abrams, Attorney General, pro se, Shirley Adelson Siegel, Solicitor General, and Peter G. Crary, Assistant Attorney General, for the Attorney General of the State of New York; by Robert D. Owen for the Ministry of International Trade and Industry of the Government of Japan; by John K. Weir for the East Asiatic Co., Ltd., et al.; by Neil Martin for C. Itoh & Co. (America), Inc.; and by John R. Hupper and Paul M. Dodyk for Shell Petroleum N. V.


CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether Article VIII(1) of the Friendship, Commerce and Navigation Treaty between the United States and Japan provides a defense to a Title VII employment discrimination suit against an American subsidiary of a Japanese company.

I

Petitioner, Sumitomo Shoji America, Inc., is a New York corporation and a wholly owned...

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