Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-28T14:49:50.739Z Has data issue: false hasContentIssue false
  • English
  • Français

Schmidt v. Polish People's Republic. 742 F.2d 67

Published online by Cambridge University Press:  27 February 2017

Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Judicial Decisions
Information
American Journal of International Law , Volume 79 , Issue 3 , July 1985 , pp. 742 - 744
Copyright
Copyright © American Society of International Law 1985

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Since the court dismissed the appellants’ claim, it did not address the appellee’s crossappeal challenging the district court’s finding of personal jurisdiction over the Polish Government.

2 N.Y. Civ. Prac. Law §207 (McKinney 1972).

3 742 F.2d 67, 71.

4 26 Dep’t St. Bull. 984 (1952).

5 According to appellants, evidence of this acknowledgment included: (1) the listing of treasury notes as Polish state debts in 1939, 1940, and 1946; (2) a 1960 letter from a Polish plenipotentiary to a U.S. Assistant Secretary of State noting Poland’s intent to consider the claims of American bondholders; (3) the 1980 Warsaw meetings between the appellants’ attorney and an adviser to the Polish Ministry of Finance; and (4) installment payments made by Poland via the U.S. Treasury to the appellants for their nationalized railway cars.

6 In 1960, Poland and the United States concluded a treaty whereby Poland agreed to contribute $40 million over 20 years to a fund established by the U.S. Foreign Claims Settlement Commission. See Treaty Between the Government of the United States and the Government of the Polish People’s Republic Regarding Claims of Nationals of the United States, July 16, 1960, 11 UST 1953, TIAS No. 4545, 384 UNTS 169. This fund was to be used to satisfy the claims of American nationals whose property had been nationalized after the war. From 1964 to 1980, the appellants received $88,000 from the fund as compensation for certain railway cars financed by the notes but nationalized after World War II.

7 N.Y. Gen. Oblig. Law §17-101 (McKinney 1978).

8 742 F.2d at 72 (citing Lew Morris Demolition Co. v. Board of Education of New York, 40 N.Y.2d 516, 355 N.E.2d 369, 387 N.Y.S.2d 409 (1976)).

9 742 F.2d at 72. »

10 Jackson v. People’s Republic of China, 596 F.Supp. 386 (N.D. Ala. 1984), summarized in 78 AJIL 675 (1984).

11 453 U.S. 654 (1981), summarized in 75 AJIL 954 (1981).