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REPUBLIC OF THE PHILIPPINES v. MARCOS

No. 1212, Docket 89-7116.

888 F.2d 954 (1989)

REPUBLIC OF THE PHILIPPINES, Plaintiff, v. Ferdinand E. MARCOS, et al., Defendants. CANADIAN LAND COMPANY OF AMERICA, N.V., Herald Center Ltd., and Nyland (CF8) Ltd., Appellants, v. Joseph BERNSTEIN, Ralph Bernstein, NYL, Inc. (formerly known as Greatneckers Realty, Inc.), d/b/a the New York Land Company, New York Realty, Inc., NYL Properties, Inc., and Bernstein Carter & Deyo, Appellees.

United States Court of Appeals, Second Circuit.

Decided October 31, 1989.

Attorney(s) appearing for the Case

Andrew J. Levander, New York City (Shari L. Steinberg, Cheryl Spinner, Shereff, Friedman, Hoffman & Goodman, New York City, of counsel), for appellants.

Michael J. Silverberg, New York City (Joseph C. Savino, Steven B. Menack, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, of counsel), for appellees Joseph Bernstein, Ralph Bernstein, NYL, Inc., d/b/a The New York Land Company, New York Realty, Inc. and NYL Properties, Inc.

Frederick T. Davis, New York City (Gregory L. Diskant, Stephen A. Warnke, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for appellees Bernstein Carter & Deyo.

Jeffrey J. Greenbaum, New York City (Clive S. Cummis, James M. Hirschhorn, Sills Cummis Zuckerman Radin Tischman Epstein & Gross, P.A., New York City, Morton Stavis, Center for Constitutional Rights, New York City, of counsel), for amicus curiae, Republic of the Philippines.

Before OAKES, Chief Judge, VAN GRAAFEILAND and PRATT, Circuit Judges.

OAKES, Chief Judge:

This appeal arises from the dismissal of Canadian Land Company of America, N.V. v. Bernstein, No. 86 Civ. 9087, ordered by Judge Pierre N. Leval, United States District Court for the Southern District of New York, as a sanction for the disobedience by Adnan Khashoggi and Sami Fadel Barakat ("Fadel") of repeated orders to appear in New York for deposition as managing agents of the corporate plaintiffs. Arguing that Khashoggi and Fadel are...

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