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BI v. UNION CARBIDE CHEMICALS AND PLASTICS CO. INC.

Nos. 253, 254, Dockets 92-7325, 92-7327.

984 F.2d 582 (1993)

Bano BI, Individually and on Behalf of the Children of Rashid Kahn, and as Representative of the Estate of Rashid Kahn, et al., Plaintiffs-Appellants, v. UNION CARBIDE CHEMICALS AND PLASTICS COMPANY INC., et al., Defendants-Appellees. Abdul WAHID, et al., Plaintiffs-Appellants, v. UNION CARBIDE CHEMICALS AND PLASTICS COMPANY INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 26, 1993.

Attorney(s) appearing for the Case

Benton Musslewhite, Houston, TX, for plaintiffs-appellants.

Bud G. Holman, New York City (Jeffrey S. Cook, Lisa E. Cleary, Kelley Drye & Warren, New York City, on the brief), for defendant-appellee Union Carbide Chemicals and Plastics Co. Inc.

E.R. Norwood, C. Clint Adams, Taylor & Norwood, Liberty, TX, submitted a brief for defendants-appellees Enserch Corp., Humphreys & Glasgow Consultants Pvt., Ltd., Humphreys & Glasgow, Ltd., and Ebasco-Humphreys & Glasgow, Inc.

Before NEWMAN, CARDAMONE, and MAHONEY, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents an interesting issue of comity among nations in the resolution of claims arising from torts occurring within a foreign country. The precise issue is whether the federal and state courts of this country should defer to the judgment of a democratic foreign government that disputes arising from a mass tort occurring within its borders can be best resolved by according the foreign government exclusive standing to represent...

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