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United States: Supreme Court Decision in W.S. Kirkpatrick & CO., inc. et al. v. Environmental Tectonics corp., International

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Judical and Similar Proceedings
Copyright
Copyright © American Society of International Law 1990

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References

* [Reproduced from tHe Slip Opinion of the U.S. Supreme Court. The Introductory Note was prepared for International Legal-Materials by Bruno A. Ristau, I.L.M. Editorial Advisory Committee.]

* Even if we agreed with the Government's fundamental approach, we would question its characterization of the legal advisor's letter as reflecting the absence of any policy objection to the adjudication. The letter, which is reprinted as an appendix to the opinion of the Court of Appeals, see 847 F. 2d 1052,1067-1069 (CA31988), did not purport to say whether the State Department would like the suit to proceed, but rather responded (correctly, as we hold today) to the question whether the act of state doctrine was applicable.

* [Reproduced from 847 F.2d 1067 (3rd cir.1988).]