O'Connell Machinery Co. v. M.V. Americana

1 Citing brief

  1. USA v. Buryakov et al

    MEMORANDUM in Support

    Filed June 11, 2015

    VEB, as a wholly-owned but separate legal entity from the Russian Federation, is a foreign state agency that is presumptively immune from U.S. jurisdiction in civil actions under the FSIA. 28 U.S.C. § 1603(a)-(b), 1604; O'Connell Mach. Co. v. M.V. Americana, 734 F.2d 115, 116–17 (2d Cir. 1984) (shipping line qualified as an agency or instrumentality of the Republic of Italy, where a majority of its shares were owned by a public financial entity); S & S Mach. Co. v. Masinexportimport, 706 F.2d 411, 415 (2d Cir. 1983) (“a state-owned and state-controlled trading company” . . . expressly qualifies as an ‘agency or instrumentality’ of the state”).