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BEHRING INTERN, INC. v. IMPERIAL IRANIAN AIR FORCE

Nos. 82-5127, 82-5281, 82-5467 and 82-5483.

699 F.2d 657 (1983)

BEHRING INTERNATIONAL, INC., a Texas corporation, Appellant in Nos. 82-5127, 82-5281, and 82-5483, v. IMPERIAL IRANIAN AIR FORCE and Iran Aircraft Industries, Agencies and Instrumentalities of Iran and the Imperial and Islamic Governments of Iran, foreign states and/or their successors, Appellants in No. 82-5467.

United States Court of Appeals, Third Circuit.

Decided February 9, 1983.

As Amended May 6, 1983.

Rehearing and Rehearing Denied May 9, 1983.

Attorney(s) appearing for the Case

Robert W. Delventhal (argued), Crummy, Del Deo, Dolan & Purcell, Newark, N.J., for Behring Intern., Inc.; Roger R. Evans, Behring Intern., Inc., Houston, Tex., of counsel.

Christine Cook Nettesheim (argued), Thomas G. Shack, Jr., Shack & Kimball, P.C., Washington, D.C., for Islamic Republic of Iran Air Force, Iran Aircraft Industries, and the Islamic Republic of Iran; John B. Beaty, Washington, D.C., on brief.

Before ALDISERT, SLOVITER, and ROSENN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 9, 1983.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This diversity case raises questions involving the applicability and constitutionality of the Algerian Declarations, an executive agreement between the United States and Iran, and of an Executive Order and regulations promulgated in response to the Iranian crisis. The action arises in connection with a freight forwarding contract entered into by Behring...

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