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REPUBLIC OF PHILIPPINES v. WESTINGHOUSE ELEC. CORP.

No. 93-5672.

43 F.3d 65 (1994)

The REPUBLIC OF the PHILIPPINES; National Power Corporation, Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION; Westinghouse International Projects Company; Burns and Roe Enterprises, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided December 20, 1994.

As Amended January 5, 1995.

Attorney(s) appearing for the Case

David J. Cynamon and William P. Barr (argued), Shaw, Pittman, Potts & Trowbridge, Washington, DC, for appellants.

Richard W. Clary (argued), Cravath, Swaine & Moore, New York City, for appellees, Westinghouse Elec. Corp. and Westinghouse Intern. Projects Co.

Glenn A. Mitchell, Stein, Mitchell & Mezines, Washington, DC, for appellee, Burns and Roe Enterprises, Inc.

Before: BECKER and LEWIS, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

LEWIS, Circuit Judge.

This case raises important issues at the intersection of two principles: our deep-seated belief that a district court must be permitted to protect the integrity of its fact-finding process, and the settled considerations which courts in the United States must heed when considering whether to enjoin the executive activities of a foreign sovereign carried out in that sovereign's own territory. The district court found...

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