EXPORT-IMPORT BANK OF U.S. v. ASIA PULP & PAPER

Docket No. 09-2254-cv.

609 F.3d 111 (2010)

EXPORT-IMPORT BANK OF the UNITED STATES, Plaintiff-Appellant, v. ASIA PULP & PAPER COMPANY, LTD., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Last Supplemental Briefs Filed: November 25, 2009.

Decided: June 22, 2010.


Attorney(s) appearing for the Case

Li Yu, Assistant United States Attorney for the Southern District of New York (Preet Bharara, United States Attorney, and Sarah S. Normand, Assistant United States Attorney, of counsel) New York, NY, for Plaintiff-Appellant.

Benjamin P. Deutsche (Kenneth R. Puhala, on the brief) Schnader, Harrison, Segal & Lewis LLP, New York, NY, for Defendants-Appellees.

Bruce E. Clark (H. Rodgin Cohen, Michael M. Wiseman, and Laurent S. Wiesel, of counsel) Sullivan & Cromwell LLP, New York, NY, for Amicus Curiae The Clearing House Association L.L.C.

Before STRAUB and WESLEY, Circuit Judges, GARDEPHE, District Judge.


STRAUB, Circuit Judge:

Plaintiff Export-Import Bank of the United States ("ExIm") appeals from a May 27, 2009 order of the United States District Court for the Southern District of New York (Donald C. Pogue, Judge, United States Court of International Trade, sitting by designation) quashing two writs of garnishment in connection with ExIm's efforts to collect a $144 million judgment against defendants pursuant to the Federal Debt Collection Procedures...

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