KIRKPATRICK CO. v. ENVIRONMENTAL TECTONICS CORP.

No. 87-2066.

493 U.S. 400 (1990)

W. S. KIRKPATRICK & CO., INC., ET AL. v. ENVIRONMENTAL TECTONICS CORP., INTERNATIONAL

Supreme Court of United States.

Decided January 17, 1990


Attorney(s) appearing for the Case

Edward Brodsky argued the cause for petitioners. With him on the briefs was Sarah S. Gold.

Thomas B. Rutter argued the cause and filed a brief for respondent.

Deputy Solicitor General Merrill argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General Schiffer, Edwin S. Kneedler, Michael Jay Singer, John P. Schnitker, and Abraham D. Sofaer.*


JUSTICE SCALIA delivered the opinion of the Court.

In this case we must decide whether the act of state doctrine bars a court in the United States from entertaining a cause of action that does not rest upon the asserted invalidity of an official act of a foreign sovereign, but that does require imputing to foreign officials an unlawful motivation (the obtaining of bribes) in the performance of such an official act.

I

The facts as alleged in respondent...

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