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SHELL PETROLEUM, N.V. v. GRAVES

No. C-81-4302-MHP.

570 F.Supp. 58 (1983)

SHELL PETROLEUM, N.V., Plaintiff, v. Mary Ann GRAVES, Kenneth Cory, Ernest J. Dronenburg, Jr., individually and as members of, and Gerald H. Goldberg, individually and as Executive Officer of, The Franchise Tax Board, State of California, Defendants.

United States District Court, N.D. California.

Reissued August 1, 1983.

Attorney(s) appearing for the Case

Steward R. Bross, Jr., John R. Hupper, Paul M. Dodyk, Richard W. Clary, Cravath, Swaine & Moore, New York City, John B. Lowry, Richard Murray, Donn P. Pickett, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for plaintiff.

Patricia Streloff, Deputy Atty. Gen., San Francisco, Cal., for defendants.

Lloyd Cutler, William Lake, Robert Pozin, Wilmer, Cutler & Pickering, Washington, D.C., amicus curiae for Government of Kingdom of Netherlands.

Alexander Calhoun, D. Richard Urdan, David Gross, Graham & James, San Francisco, Cal., amicus curiae for Govt. of Japan.

MEMORANDUM DECISION AND ORDER

PATEL, District Judge.

I. INTRODUCTION

Plaintiff Shell Petroleum, N.V. (hereinafter "SPNV") is, by its own account, an incorporated Netherlands holding company with its principal place of business in The Hague, The Netherlands. It is not qualified to do business in the United States; and it neither does business nor has any permanent establishment in the United States.

SPNV owns approximately 69% of the outstanding...

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