CONSARC CORP. v. IRAQI MINISTRY

Nos. 91-5308, 92-5501 and 93-5139.

27 F.3d 695 (1994)

CONSARC CORPORATION, et al. v. IRAQI MINISTRY, et al.; United States Department of the Treasury, Office of Foreign Assets Control, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1994.


Attorney(s) appearing for the Case

Douglas Letter, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for appellants. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., William B. Hoffman, Chief Counsel, and Susan Klavens Hutner, Office of Foreign Assets Control, U.S. Dept. of the Treasury, Washington, DC. John D. Bates, R. Craig Lawrence, and John C. Cleary, Asst. U.S. Attys., and Stuart M. Green, Atty., U.S. Dept. of Justice, Washington, DC, entered appearances.

Abram Chayes, Cambridge, MA, argued the cause for appellees. With him on the brief were Ramon P. Marks, Neil E. McDonell, and Theodore M. Cooperstein, New York City. Frederic B. Rose and Ronald P. Kananen, Washington, DC, entered an appearance.

On the brief for amici curiae The Bank of New York and The New York Clearing House Assn. were Stephen A. Weiner, New York City, Katherine J. Henry, Washington, DC, and John L. Warden, New York City.

Before MIKVA, Chief Judge; SENTELLE, Circuit Judge; and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Consarc Corporation, a New Jersey furnace manufacturer, brought suit in the United States District Court for the District of Columbia against the Iraqi Ministry of Industry and Minerals ("IMIM") and the Rafidain Bank of Iraq (a governmental entity), alleging breach of contract and fraud arising from a sales contract between Consarc and IMIM. After Consarc obtained a default judgment...

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