NEW YORK LAND CO. v. REPUBLIC OF PHILIPPINES

No. 86 Civ. 2294 (PNL).

634 F.Supp. 279 (1986)

NEW YORK LAND COMPANY, et al., Petitioners, v. REPUBLIC OF PHILIPPINES, Respondent.

United States District Court, S.D. New York.

Amended May 5, 1986.


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City (Michael J. Silverberg, of counsel), for petitioners Joseph and Ralph Bernstein and New York Land Co.

Bernstein, Carter & Deyo, New York City (Philip Carter, of counsel), for petitioners Canadian Land Co. of America, N.V., Herald Center, Ltd. and Nyland (C F 8) Ltd.

Rosenman, Colin, Freund, Lewis & Cohen, New York City (Gerald Walpin and Lawrence G. Golde, of counsel), for defendant Ancor Holdings, N.V.

Golenbock, Eiseman, Assor, Bell & Perlmutter, New York City (Jeffrey T. Golenbock and David J. Eiseman, of counsel), for Glockhurst Corp., N.V.

James Drew & Associates, Washington, D.C. (Severina Rivera, of counsel), and Center for Constitutional Rights, New York City (Morton Stavis, Peter Weiss, Franklin Siegal and Juan Saavedra-Castro, of counsel), for respondent.


OPINION AND ORDER

LEVAL, District Judge.

This is a motion by several defendants to vacate a temporary restraining order ("TRO") originally imposed in New York State Court and continued with modifications by this court after some of the defendants removed the action. The moving defendants contend that the temporary restraining order must be vacated because, absent consent, the court lacks the power under the Federal Rules of Civil Procedure to continue such...

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