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LIBRA BANK LTD. v. BANCO NACIONAL de COSTA RICA

No. 812, Docket 81-7946.

676 F.2d 47 (1982)

LIBRA BANK LIMITED, Libra International Bank S.A., Banco De La Provincia De Buenos Aires, Banco Espirito Santo e Comercial De Lisboa, Banco De Vizcaya S.A., Banque International a Luxembourg, S.A., Banque Rothschild, and the National Bank of Washington, Plaintiffs-Appellants, v. BANCO NACIONAL de COSTA RICA, S.A., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1982.

Attorney(s) appearing for the Case

Jerry Strochlic, New York City (Sage, Gray, Todd & Sims, New York City, on the brief), for plaintiffs-appellants.

Jeffrey Barist, New York City (Patti R. Page, and White & Case, New York City, on the brief), for appellee.

Before TIMBERS, NEWMAN and WINTER, Circuit Judges.

TIMBERS, Circuit Judge:

This is an appeal from an order entered in the Southern District of New York, Constance Baker Motley, District Judge, granting defendant's motion to vacate a prejudgment attachment of its property pursuant to the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1602-1611 (1976) ("the Act"). The essential issue is whether defendant "explicitly" waived its immunity from prejudgment attachment within the meaning of §...

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