Banco Nacional de Cuba v. First Nat. City Bank of NY, No. 125-126

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtLUMBARD and HAYS, Circuit , and BLUMENFELD
Citation478 F.2d 191
PartiesBANCO NACIONAL de CUBA, Appellant, v. The FIRST NATIONAL CITY BANK OF NEW YORK, Respondent.
Decision Date11 May 1973
Docket Number33864.,Dockets 32533,No. 125-126

478 F.2d 191 (1973)

BANCO NACIONAL de CUBA, Appellant,
v.
The FIRST NATIONAL CITY BANK OF NEW YORK, Respondent.

Nos. 125-126, Dockets 32533, 33864.

United States Court of Appeals, Second Circuit.

Argued January 30, 1973.

Decided May 11, 1973.


478 F.2d 192

Victor Rabinowitz, New York City (Leonard Boudin, Michael Krinsky, Dorian Bowman, and Eric M. Lieberman, Rabinowitz, Boudin & Standard, New York City, on the brief), for appellant.

Henry Harfield, New York City (Herman E. Compter, James B. Keenan, Shearman & Sterling, New York City, on the brief), for appellee.

Before LUMBARD and HAYS, Circuit Judges, and BLUMENFELD, Chief Judge.*

HAYS, Circuit Judge :

The involved history of this case began in July, 1967 with the decision of Judge Bryan in the Southern District of New York, 270 F.Supp. 1004, finding that the confiscation of National City Bank's property in Cuba was a violation of international law and that Banco National and the Cuban Government were one and the same for the purposes of this litigation. On appeal, this court held that the act of state doctrine applied to bar adjudication of National City Bank's counterclaim and reversed the decision of the District Court, not reaching, of course, the merits of the District Court decision. The Supreme Court, 400 U.S. 1019, 91 S.Ct. 581, 27 L.Ed.2d 630 granted certiorari and remanded the case to this court for reconsideration in the light of a letter from the Legal Adviser of the Department of State to the Supreme Court indicating that the foreign policy interests of the United States would not be injured by litigation of the merits of the instant case. This court thereupon entered a second opinion, 442 F.2d 530, adhering to its original result. The Supreme Court again granted certiorari, and, reversing this court, held that the act of state doctrine did not bar consideration of the merits. The Supreme Court remanded the case to this court for the second time for "consideration of Banco Nacional's alternative bases of attack on the judgment of the District Court." First National City Bank v. Banco Nacional de Cuba, 406 U.S. 759, 770, 92 S.Ct. 1808, 1814, 32 L.Ed.2d 466 (1972).

The facts giving rise to this lengthy and involved litigation are fully stated in the earlier opinion of this court, 431 F.2d 394 (2d Cir. 1970), and it is unnecessary to recount them here. Suffice it to say that Banco Nacional originally brought suit in the District Court for the Southern District of New York for (1) the excess realized by National City Bank on the sale of collateral held as a security for a loan, and (2) for deposits by nationalized Cuban banks in National City Bank in New York. National City Bank counterclaimed, arguing that the Republic of Cuba was the real party in interest, that the Cuban government was indebted to

478 F.2d 193
it for the value of illegally expropriated property of National City Bank in Cuba, and that it was entitled to set off this obligation as a complete defense to the claims asserted by Banco Nacional. National City Bank then moved for summary judgment. The District Court granted the motion and Banco Nacional appealed

Apart from the act of state defense Banco Nacional presented two major arguments1 in the District Court (1) that National City Bank's counterclaim cannot properly be asserted...

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36 practice notes
  • Mosdos Chofetz Chaim Inc v. Vill. Of Wesley Hills, Case No. 08-CV-156 (KMK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 31, 2010
    ...the non-party “acted as one” with the party that appeared in the previous action. Banco Nacional de Cuba v. First Nat'l City Bank of N.Y., 478 F.2d 191, 193 (2d Cir.1973) (finding that the Cuban government and its national bank acted as one entity for purposes of the litigation (internal qu......
  • Banco Nacional de Cuba v. Chase Manhattan Bank, No. 60 Civ. 4663-CLB
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 4, 1980
    ...Cir. 1971), rev'd. 406 U.S. 759, 92 S.Ct. 1808, 32 L.Ed.2d 466, reh. denied 409 U.S. 897, 93 S.Ct. 92, 34 L.Ed.2d 155 (1972); on remand 478 F.2d 191 (2d Cir. 1973) (hereinafter "Banco I"). Plaintiffs have reserved their right to relitigate on subsequent appeal the legal points determined in......
  • Garb v. Republic of Poland, No. 99 Civ. 3487(ERK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 24, 2002
    ...it impossible to hold that the Ministry is separate from the Republic. Cf. Banco Nacional de Cuba v. First Nat'l City Bank of New York, 478 F.2d 191, 194 (2d Cir.1973) (facts of case showed that National Bank of Cuba's function in expropriation of property made it "a mere arm or division of......
  • Kiobel v. Royal Dutch Petroleum Co, No. 06-4800
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 17, 2010
    ...Banco Nacional de Cuba v. Chase Manhattan Bank, 658 F.2d 875, 894 (2d Cir. 1981); Banco Nacional de Cuba v. First Nat'l City Bank of N.Y, 478 F.2d 191, 193 (2d Cir. 1973); Banco Nacional de Cuba v. Farr, 383 F.2d 166, 170, 185 (2d Cir. 1967); Banco Nacional de Cuba v. Sabbatino, 307 F.2d 84......
  • Request a trial to view additional results
36 cases
  • Mosdos Chofetz Chaim Inc v. Vill. Of Wesley Hills, Case No. 08-CV-156 (KMK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 31, 2010
    ...the non-party “acted as one” with the party that appeared in the previous action. Banco Nacional de Cuba v. First Nat'l City Bank of N.Y., 478 F.2d 191, 193 (2d Cir.1973) (finding that the Cuban government and its national bank acted as one entity for purposes of the litigation (internal qu......
  • Banco Nacional de Cuba v. Chase Manhattan Bank, No. 60 Civ. 4663-CLB
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • January 4, 1980
    ...Cir. 1971), rev'd. 406 U.S. 759, 92 S.Ct. 1808, 32 L.Ed.2d 466, reh. denied 409 U.S. 897, 93 S.Ct. 92, 34 L.Ed.2d 155 (1972); on remand 478 F.2d 191 (2d Cir. 1973) (hereinafter "Banco I"). Plaintiffs have reserved their right to relitigate on subsequent appeal the legal points determined in......
  • Garb v. Republic of Poland, No. 99 Civ. 3487(ERK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 24, 2002
    ...it impossible to hold that the Ministry is separate from the Republic. Cf. Banco Nacional de Cuba v. First Nat'l City Bank of New York, 478 F.2d 191, 194 (2d Cir.1973) (facts of case showed that National Bank of Cuba's function in expropriation of property made it "a mere arm or division of......
  • Kiobel v. Royal Dutch Petroleum Co, No. 06-4800
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 17, 2010
    ...Banco Nacional de Cuba v. Chase Manhattan Bank, 658 F.2d 875, 894 (2d Cir. 1981); Banco Nacional de Cuba v. First Nat'l City Bank of N.Y, 478 F.2d 191, 193 (2d Cir. 1973); Banco Nacional de Cuba v. Farr, 383 F.2d 166, 170, 185 (2d Cir. 1967); Banco Nacional de Cuba v. Sabbatino, 307 F.2d 84......
  • Request a trial to view additional results

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