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SHAPIRO v. REPUBLIC OF BOLIVIA

No. 822, Docket 90-7752.

930 F.2d 1013 (1991)

David SHAPIRO, Plaintiff-Appellant, v. The REPUBLIC OF BOLIVIA, the Bolivian Air Force and the Central Bank of Bolivia, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1991.

Attorney(s) appearing for the Case

Anthony V. Labozetta, New York City (Lisa M. Sheppard, New York City, of counsel), for plaintiff-appellant.

Mitchell A. Karlan, New York City (Dvora Wolff Rabino, Gibson, Dunn & Crutcher, New York City, of counsel), for defendants-appellees.

Before WINTER and ALTIMARI, Circuit Judges, and WEXLER, District Judge.

WINTER, Circuit Judge:

The subject of the instant action is a negotiable promissory note issued by the Republic of Bolivia to a United States corporation and introduced into the United States. The note is now in the hands of a United States citizen living in Hong Kong who has sought payment on the note from Bolivia but has been refused. We hold that Bolivia is subject to suit on the note in United States courts under the "commercial activity" exception of the Foreign...

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