Petition of Petrol Shipping Corp. v. The Kingdom of Greece, Ministry of Com., Purchase Directorate, 332 F.2d 370 (2d Cir. 1964). · Go Syfert
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Petition of Petrol Shipping Corp. v. The Kingdom of Greece, Ministry of Com., Purchase Directorate, 332 F.2d 370 (2d Cir. 1964). Cases Citing This Book View Copy Cite
11 citation events across 3 distinct courts.
Strongest positive: In Re the Arbitration Between Premier Steamship Corp. v. Embassy of Algeria (nysd, 1971-10-20)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." In Re the Arbitration Between Premier Steamship Corp. v. Embassy of Algeria
S.D.N.Y. · 1971 · signal: see also · confidence low
The language of the petition does not place the Court in a position to determine whether the contract is commercial or governmental in nature: “[b]ecause the Court must have a full ‘development of the facts’ in order to dispose of the legal issues . . . the papers to be submitted by the parties should be based on specific facts and events succinctly stated and not accompanied by generalized conclusions.” Pan American Tankers Corp. v. Republic of Vietnam, 291 F.Supp. 49, 52-53 (S.D.N.Y.1968); see also Petrol Shipping Co. v. Kingdom of Greece, 332 F.2d 370 (2d Cir. 1964), cert. denied, 3…
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Petition of Petrol Shipping Corporation
v.
The Kingdom of Greece, Ministry of Commerce, Purchase Directorate
28188.
Court of Appeals for the Second Circuit.
May 25, 1964.
332 F.2d 370
Published

332 F.2d 370

Petition of PETROL SHIPPING CORPORATION, Petitioner-Appellant,
v.
The KINGDOM OF GREECE, MINISTRY OF COMMERCE, PURCHASE
DIRECTORATE, Appellee.

No. 119, Docket 28188.

United States Court of Appeals Second Circuit.

Argued Oct. 30, 1963.
Decided Jan. 7, 1964, Rehearing In Banc granted March 12,
1964-- Decided May 25, 1964.

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for appellant, Eugene F. Gilligan and Eli Ellis, New York City, of counsel.

Arthur M. Becker, Washington, D.C., and New York City, for respondent, appearing specially, Becker & Greenwald, Washington, D.C., of counsel.

John W. Douglas, Asst. Atty. Gen., Robert M. Morgenthau, U.S. Atty., Morton Hollander, Bruno A. Ristau and John C. Eldridge, Attys., Dept. of Justice, Washington D.C., submitted a brief for the United States as amicus curiae.

Before LUMBARD, Chief Judge, and SWAN, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

1

Upon consideration of the brief filed by the United States as amicus curiae on the rehearing in banc at the request of the Court and the additional briefs of the parties, the Court considers further development of the facts to be desirable before disposition of the important issues of law that have been raised. To that end, we alter the decision of the panel, 326 F.2d 117 (2 Cir. 1964), vacate the judgment of the District Court dismissing the petition, and remand the case to the District Court with instructions to take such evidence as is relevant to the contentions of the parties and to make a further determination in the light thereof and the arguments made thereon by the parties and, if the District Court deems desirable, by the United States. The costs of this appeal will abide the ultimate determination.

2

SWAN, Circuit Judge, did not participate in this decision.

3

MARSHALL, Circuit Judge.

4

I dissent and would adhere to the decision of the panel.