SCHMIDT v. POLISH PEOPLE'S REPUBLIC

No. 1326, Dockets 84-7134, 84-7158.

742 F.2d 67 (1984)

Adolph W. SCHMIDT, John F. Tim, Jr., and James M. Walton, successor trustees for Standard Car Finance Corporation, Plaintiffs-Appellants, Cross-Appellees, v. The POLISH PEOPLE'S REPUBLIC, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 16, 1984.


Attorney(s) appearing for the Case

James J. Armenakis, New York City (Abberley, Kooiman, Marcellino & Clay, New York City, of counsel), for plaintiffs-appellants, cross-appellees.

Mark C. Flavin, New York City (Theodore M. Sysol, William J. Honan, III, New York City, on the brief, Haight, Gardner, Poor & Havens, New York City, of counsel), for defendant-appellee, cross-appellant.

Before OAKES and WINTER, Circuit Judges and MISHLER, District Judge.


WINTER, Circuit Judge:

Plaintiffs-appellants Adolph W. Schmidt, John F. Tim, Jr. and James M. Walton, successor trustees for Standard Car Finance Corporation ("Standard") brought this action under the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1330 et seq. (1976) ("FSIA" or "Act") to recover on defaulted Treasury notes issued by the Republic of Poland in 1929 and 1930. Judge Carter dismissed the complaint as time barred under the New York...

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