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Kline v. Kaneko
Courts are bound by suggestions of immunity submitted by the executive branch because they are a "conclusive determination by the political arm of the Government” (Ex Parte Peru, 318 US 578, 589 ; Mexico v Hoffman, 324 US 30 ; see also, Matter of United States of Mexico v Schmuck, 293 NY 264 , rearg granted 293 NY 768 , original determination adhered to 294 NY 265 ).
Retrieving the full opinion text from the archive…
Ill the Matter of the United States of Mexico Et Al., Respondents, Against Peter Schmuck, a Justice of the Supreme Court of the State of New York, Et Al., Appellants
New York Court of Appeals.
Oct 12, 1944.
Cited by 2 opinions | Published
Motion by United States of Mexico, respondent, appearing specially, for reargument granted. The general rule that reargument will not be granted in order to afford a party opportunity to submit questions of law which he failed to submit upon the original argument should not be strictly applied where a sovereign State challenges the validity of seizure of its property. (See 293 N. Y. 264.)