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COMPANIA RON BACARDI, S.A. v. BANK OF NOVA SCOTIA

193 F.Supp. 814 (1961)

COMPANIA RON BACARDI, S.A., Plaintiff, v. BANK OF NOVA SCOTIA, Defendant.

United States District Court S. D. New York.

April 21, 1961.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, for plaintiff, James F. Hoge, Alfred P. O'Hara and Reka Potgieter Hoff, New York City, of counsel.

Shearman & Sterling, New York City, for defendant, Chauncey B. Garver, Henry Harfield and William Harvey Reeves, New York City, of counsel.

PALMIERI, District Judge.

In this challenge to plaintiff's capacity to bring suit, defendant relies upon the provision of Fed.R.Civ.P. 17(b), 28 U.S. C.A., that "the capacity of a corporation to sue or be sued shall be determined by the law under which it was organized." Plaintiff was a Cuban corporation and, prior to the commencement of this action, the present Cuban government promulgated a nationalization law which purports to terminate plaintiff's existence as...

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