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BANK OF CREDIT AND COMMERCE v. BANK OF PAKISTAN

No. 99-7568.

273 F.3d 241 (2001)

BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LIMITED, Plaintiff-Counter-Defendant-Appellant, Bank of Credit and Commerce International S.A., Third-Party Defendant, v. STATE BANK OF PAKISTAN, Defendant-Counter-Claimant-Third-Party-Plaintiff-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 29, 2001.

Attorney(s) appearing for the Case

Michael Nussbaum and Kathleen Grillo, Ropes & Gray, Washington, D.C., for Plaintiff-Counter-Defendant-Appellant.

David F. Williams (H. Peter Haveles, Jr., on the brief), Cadwalader, Wickersham & Taft, New York, N.Y., for Defendant-Counter-Claimant-Third-Party-Plaintiff-Appellee.

Before NEWMAN, CALABRESI, and SACK, Circuit Judges.

CALABRESI, Circuit Judge.

Bank of Credit and Commerce International (Overseas) Ltd. ("BCCI Overseas") appeals the district court's dismissal, on forum non conveniens grounds, of its suit. BCCI Overseas argues that State Bank of Pakistan ("State Bank") did not show, and the district court did not properly find, that Pakistan is an adequate alternative forum. BCCI Overseas also contends that the district court improperly balanced the Gilbert factors in...

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