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NATIONAL PETROCHEMICAL CO. v. M/T STOLT SHEAF

No. 1005, Docket 87-9022.

860 F.2d 551 (1988)

NATIONAL PETROCHEMICAL COMPANY OF IRAN, Plaintiff-Appellant, v. The M/T STOLT SHEAF, her engines, boilers, etc., Posiden Navigation, Inc., Parcel Tankers, Inc., Stolt Nielsen, Inc., and Stolt Nielsen A/S, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 31, 1988.

Attorney(s) appearing for the Case

Richard D. Gaines, New York City, for plaintiff-appellant.

Brian D. Starer, New York City (Charles B. Anderson, Richard A. Menchini, Don P. Murnane, Jr., Haight, Gardner, Poor & Havens, New York City, Charles L. Black, Jr., New York City, of counsel), for defendants-appellees.

Joan E. Hartman, U.S. Dept. of Justice, Civ. Div., Washington, D.C. (Michael F. Hertz, U.S. Dept. of Justice, Civ. Div., Michael G. Kozak, Acting Legal Adviser, Ronald J. Bettauer, Asst. Legal Adviser, Sean D. Murphy, Attorney-Adviser, U.S. Dept. of State, James M. Spears, Acting Asst. Atty. Gen., Washington, D.C., Rudolph W. Giuliani, U.S. Atty., New York City, of counsel), filed a brief on behalf of the U.S. as amicus curiae.

Before CARDAMONE, PRATT and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

The sole question presented on this appeal is whether National Petrochemical Company of Iran (NPC), a foreign corporation wholly owned by the government of Iran, is entitled to bring suit as a plaintiff in a diversity action in federal court. To answer such a question in this shoalstrewn area of the law, it is wise for courts to have in mind, like doctors taking the Hippocratic oath, that they must "first, do no harm." For the reasons that...

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