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PAN AMERICAN TANKERS CORP. v. REPUBLIC OF VIETNAM

No. 68 Civil 3079.

296 F.Supp. 361 (1969)

PAN AMERICAN TANKERS CORPORATION, a corporation and Whitehall Navigation Corporation, a corporation, Plaintiffs, v. The REPUBLIC OF VIETNAM, a sovereign, Nha May Xi-Mang Ha-Tien, d/b/a Hatien Cement Plant, a corporation, and Viet-Nam Xi-Mang Cong-Ty, d/b/a Vixico, a corporation, Defendants.

United States District Court S. D. New York.

February 25, 1969.

Attorney(s) appearing for the Case

Scoll & Coleman, New York City, for plaintiffs; David E. Scoll, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant The Republic of Viet Nam (appearing specially); James M. Estabrook, New York City, of counsel.

OPINION

HERLANDS, District Judge:

I.

The question now presented to the Court for decision is whether the plea of sovereign immunity entered by The Republic of Viet Nam in opposition to plaintiffs' motion to compel arbitration is sufficient in law.

Because of the sketchy and elliptical manner in which the position of The Republic of Viet Nam was formulated when this matter first came before the...

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