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IN RE INTERNATIONAL JUDICIAL ASSISTANCE

No. 811, Docket 90-6229.

936 F.2d 702 (1991)

In re Request for INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) FOR THE FEDERATIVE REPUBLIC OF BRAZIL. GENERAL UNIVERSAL TRADING CORPORATION, Dartois Investments, Inc., Midland Trading Corporation, and Four Dimensions, Petitioners-Appellants, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Respondent-Appellant, NELSON W. Cunningham, as Commissioner to Obtain Testimony and Other Evidence in Conformity With said Letter Rogatory, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Submitted April 9, 1991.

Decided June 21, 1991.

Attorney(s) appearing for the Case

Thomas E. Engel, New York City (Carl L. Distefano, Thomas N. Apple, Fox & Horan, James G. McCarney, Engel & McCarney, on the brief), for petitioners-appellants.

Christopher Crowley, New York City (James L. Kerr, Davis Polk & Wardwell, on the brief), for respondent-appellant.

Nelson W. Cunningham, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Debra Ann Livingston, Asst. U.S. Atty., on the brief), for respondent-appellee.

Before FEINBERG, NEWMAN and McLAUGHLIN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue of whether and under what circumstances Congress has authorized a district court to order the production of evidence pursuant to a foreign government's letter rogatory in advance of the commencement of an adjudicative proceeding. See 28 U.S.C. § 1782 (1988). The issue arises on an appeal by four Panamanian corporations and Morgan Guaranty Trust Company of New York ("Morgan") from the June 6,...

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