LETELIER v. REPUBLIC OF CHILE

No. 1251, Docket 83-9048.

748 F.2d 790 (1984)

Isabel Morel De LETELIER, et al., Judgment Creditors-Appellees, v. The REPUBLIC OF CHILE, also doing business as Linea Aerea Nacional-Chile, Judgment Debtor, and Linea Aerea Nacional-Chile, Garnishee-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 20, 1984.


Attorney(s) appearing for the Case

Gerald D. Morgan, Jr., New York City (Thomas E. Engel, Carter K. Combe and Robert P. Knapp, III, Hale, Russell & Gray, New York City, of counsel), for garnishee-appellant.

William J.T. Brown, New York City (Joseph P. Cyr, Mary Landergan Kibbe, Donovan Leisure Newton & Irvine, New York City, Michael E. Tigar, Samuel J. Buffone, John J. Privitera, Tigar & Buffone, Washington, D.C., of counsel), for judgment creditors-appellees.

Before CARDAMONE and PRATT, Circuit Judges and BONSAL, District Judge.


CARDAMONE, Circuit Judge:

The critical question posed on this appeal is whether the assets of a foreign state's wholly owned airline are subject to execution to satisfy a default judgment obtained against the foreign state. The district court, believing that Congress under the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1602-11 (1982) (FSIA or the Act), would not have established a right to jurisdiction over the foreign state without also providing...

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