This results from the nature and fundamental principles of our government. No. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. 10837, amended August 20, 1943, 8 Fed.Reg. The Supreme Court, inThe Paquete Habana, 175 U.S. 677 (1900), recognized the importance of customaryinternational law in a case brought by the owner of fishing vessels captured and condemned as prize during the Spanish-American War. 84 339 U.S. at 789 n. 14, 70 S.Ct. 1941).See also, Tag v. Rogers, 105 U.S.App.D.C. 1980) 11, Grayned v. City of Rockford, 408 U.S. 104 (1972) 18, Mali v.Keeper of the Common Jail, 120 U.S. 1 (1887) 7, McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U.S. 10 (1963) 4, 6, McLain v. Real Estate Bd. 3258. We, accordingly, have made the same assumption. Moreover, the time within which to seek a review of the Director's dismissal of Tag's claim had expired before Tag filed either a claim or a suit to recover the property. 0000005910 00000 n 7. In 1943 and 1949 his rights to these respective funds were vested in the Attorney General of the United States, as successor to the Alien Property Custodian, in the manner prescribed by the Trading with the Enemy Act.3 On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. Amendments emphasize the Government's right of seizure and confiscation. %%EOF See also The Chinese Exclusion Case (Chae Chan Ping v. U. S.), 1889, 130 U.S. 581, 599-600, 9 S. Ct. 623, 32 L. Ed. 5499. Mr. Charles Bragman, Washington, D.C., for appellant. This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act.1 Their validity is attacked principally on the ground that they were issued in alleged violation of the 1923 Treaty of Friendship, Commerce and Consular Rights between the United States and Germany.2 For the reasons hereafter stated, we uphold the validity of the orders and the validity of those provisions of the Act, as amended, pursuant to which the orders were issued. Once a policy has been declared in a treaty or statute, it is the duty of the federal courts to accept as law the latest expression of policy made by the constitutionally authorized policy-making authority. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. Appellant further contends that any seizure or confiscation of the property of an enemy national made by the United States contrary to the above declaration of international law is as null and void as though it were made in violation of the Constitution of the United States. <> 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. These statements point the way to the answer in the present case. 0000005040 00000 n * * * A difficulty may sometimes arise, in determining whether a particular law applies to the citizen of a foreign country, and intended to subject him to its provisions. Once a policy has been declared in a treaty or statute, it is the duty of the federal courts to accept as law the latest expression of policy made by the constitutionally authorized policy-making authority. It was a war measure deriving its authority from the war powers of Congress and of the President. Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these three sources of law as superior to canons of international law. Man jailed for failing to pay child support and he brings a case for violation of his due process rights because he was not given state appointed counsel when he was faced with the possibility of incarceration. (U.S. Br. In 1956 the Director of that office dismissed the claim on the ground that Tag, being an enemy within the meaning of 2 of the Act. 5(b), 50 U.S.C.A.Appendix, 5(b), 62 Stat. SeeBenzv.Compania Naviera Hidalgo, S.A.,353 U.S. 138, 142 (1957). 86 NATO SOFA, supra note 3, art. 1, 5, 71 L.Ed. CUSTOMARY INTERNATIONAL LAW DOES NOT PROHIBIT THE UNITED STATES FROM REGULATING THE DESIGN AND CONSTRUCTION OF SHIPS ENTERING U.S. It must be conceded that the act of 1888 is in contravention of express stipulations of the treaty of 1868 and of the supplemental treaty of 1880, but it is not on that account invalid or to be restricted in its enforcement. 839, 50 U.S.C.App. 95 0 obj Such legislation will be open to future repeal or amendment. Stevens filed a timely notice of appeal. at 700. 100 0 obj 80-1477. On June 14, 2001, this Court requested supplemental briefing by the parties regarding (1) whether customary international law establishes that the flag state of a vessel has the responsibility for regulating and implementing any changes to the physical aspects of a vessel and (2) whether application of the Americans with Disabilities Act to foreign-flag cruise ships would conflict with that law. Appellant further contends that any seizure or confiscation of the property of an enemy national made by the United States contrary to the above declaration of international law is as null and void as though it were made in violation of the Constitution of the United States. 131. Ports are considered part of a State's internal waters. Argued November 7, 1950. 1839, 1919, 1928, T.I.A.S. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. On the contrary, he attacked the validity of the provisions of the Act pursuant to which the seizures were made. Mr. Charles Bragman, Washington, D. C., for appellant. Stevens v. Premier Cruises, Inc., 215 F.3d 1237, 1243 (11thCir. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. 131. Deprivation of the right to fair warning can result both from vague statutory language and from an unforeseeable and retroactive judicial expansion of statutory language that . Germany further guaranteed in the Bonn Convention that it would compensate the former owners of property so seized.15 The final action in this field is found in the 1956 Treaty of Friendship, Commerce and Navigation between the United States and Germany.16 This reaffirmed the provisions of the Bonn Convention and added to them further agreement of complete cooperation. (U.S. Br. Our own court adopted this dictum as part of its holding in Tag v. Rogers. He asked also for the return, with interest, of whatever monies had been vested. SeeBragdon v. Abbott, 524 U.S. 624, 646 (1998). InCunard, the Supreme Court held: C. Congress Has The Authority To Regulate Foreign-Flag Ships Engaged In Commerce At U.S. 268, 305 et seq., 20 L.Ed. Reg. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S. Ct. 1, 5, 71 L. Ed. 135; Kirk v. Lynd, 106 U.S. 315, 316, 1 S. Ct. 296, 27 L. Ed. 8. It recognized in Article IV, in general terms, the right of nationals of the respective contracting parties freely to dispose of personal property within the territories of the other party. '13 It provided also that German nationals thereafter would not assert claims of any description against the allies or their nationals arising out of actions taken or authorized by such allies because of the existence of a state of war in Europe. 1960 Duke University School of Law It confers no power on Congress to regulate commerce, or the vehicles of commerce, which belong to a foreign nation, and occasionally visit our ports in their commercial pursuits. Premier erroneously cites Brown v. Duchesne, 60 U.S. 183 (1856), for the proposition that Congress lacks authority to enact legislation that would regulate the physical structure of a foreign-flag ship (Premier's Supp. 42 U.S.C. In the light of the foregoing, appellant can invoke neither international law nor the 1923 Treaty with Germany to support his claim and the judgment of the District Court is. Boca Raton, Florida 33433-3455Miami, Florida 33131. There is a further material consideration. 1993) 18-19, Port of Boston Marine Terminal Ass'n v. Rederiaktiebolaget Transatlantic, 400 U.S. 62 (1970) 16, Ricci v. Chicago Mercantile Exchange, 409 U.S. 289 (1973) 16, Saint-Gobain-Pont-a-Mousson, 636 F.2d 1300 (D.C. Cir. 0000008466 00000 n ACCEPT. *United Nations Convention on the Law of the Sea, 21 I.L.M. There is no basis, therefore, to reverse this Court's prior decision to vacate the district court's order dismissing Stevens' claims. 1980) 12, Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. 2d 160 (1982) Brief Fact Summary. 1400, 1400-1407 (1995). 0000005145 00000 n A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. H|M0?H_I V,Vl1Jq|lUT3y"zRl> Vesting Order No. 193, 90 L.Ed. SeeMcLainv.Real Estate Bd. Argued Feb. 4, 1959.Decided May 21, 1959.Petition for Rehearing En Banc Denied June 12, 1959. Br. 18(1), 21 I.L.M. 36, App. The Supreme Court has explained that economic regulation is subject to a less strict test "because its subject matter is often more narrow, and because businesses, which face economic demands to plan behavior carefully, can be expected to consult relevant legislation in advance of action." V), 33, 50 U.S.C.A.Appendix, 33, Markham v. Cabell, 1945, 326 U.S. 404, 413 et seq., 66 S.Ct. Regulations: Foreign-Flag Cruise Ships and the ADA, Restatement (Third) of the Foreign Relations Law of the United States (1987) 5. It recognized, however, that Congress could authorize the seizure of such vessels. endobj "R.__" refers to the district court docket number of the record on appeal. Pt. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. Customary International Law Recognizes That Flag States And Port States Both Have Authority To Regulate Vessels6, B. International House of Pancakes Franchisee,844 F. Supp. Customary international law generally defers to a State to regulate the physical structure of ships under its flag. 87 Tag v. Rogers, 105 U.S.App.D.C. 12188; 42 U.S.C. 116, 70 L.Ed. 0000008252 00000 n It recognized, however, that Congress could authorize the seizure of such vessels. By the Constitution, laws made in pursuance thereof and treaties made under the authority of the United States are both declared to be the supreme law of the land, and no paramount authority is given to one over the other. 1870, dated July 21, 1943, 8 Fed.Reg. It was a war measure deriving its authority from the war powers of Congress and of the President. <>stream Make your practice more effective and efficient with Casetexts legal research suite. 0000001582 00000 n 12181-12189, against Premier Cruises, Inc., the owner and operator of a cruise ship in connection with a cruise she took on Premier's vessel in May 1998 (R. 3593. 623, 32 L.Ed. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. Amicus International Council of Cruise Line's suggestion that the "barrier removal" provision of the ADA is unconstitutionally vague is without merit. Written and curated by real attorneys at Quimbee. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. Despite being asked, Elliott refused to cease ringing the bell and Rogers sued for the damage that the noise was . 411, as amended, 50 U.S.C.App. He claimed that those provisions are null and void because they are in conflict with international law and the Treaty of 1923. Share sensitive information only on official, secure websites. 504; Miller v. United States, 11 Wall. 383 (March 10, 1983) 6. Petition for Rehearing Denied June 12, 1959. 12186(b), this determination is entitled to deference. At all material times the appellant, Albert Tag, was a German national residing in Germany. Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S.Ct. 227]. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. Appellant contends, however, that there is now a practice amounting to an authoritative declaration of international law forbidding the seizure or confiscation of the property of enemy nationals during time of war, at least in the case of property acquired by the enemy national before the war and in reliance upon international agreements between the nations concerned. <> Before Mr. Justice BURTON, retired,* and WILBUR K. MILLER and FAHY, Circuit Judges. The final action in this field is found in the 1956 Treaty of Friendship, Commerce and Navigation between the United States and Germany. Head Money Cases, (Edye v. Robertson), 1884, 112 U.S. 580, 597, 599, 5 S. Ct. 247, 253, 28 L. Ed. 1. Such recommendations "provide guidance in framing national regulations and requirements," but "are not usually binding on Governments." Subscribers are able to see any amendments made to the case. Such guidance as to examples of what may constitute appropriate steps to remove barriers can hardly be considered vague. Second, Premier's argument that the ADA regulations governing new construction and alteration of land-based facilities and standards for new construction and alteration of passenger vessels recommended to the Access Board by the Passenger Vessel Access Advisory Committee (PVAAC) conflict with SOLAS-mandated safety requirements and accessibility recommendations issued by the International Maritime Organization (IMO) is misleading. The facts are not in controversy. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. Stevens' claim that Premier violated the ADA when it charged her a higher fare for an accessible cabin, which implicates neither the physical structure of the vessel nor the internal affairs of the ship, is an independent cause of action worthy of being adjudicated. However, as mentioned above, ADA regulations specifically advise courts that no relief should be ordered that would violate any international treaties. 193; Stoehr v. Wallace, 255 U.S. 239, 245, 41 S.Ct. at the national and international levels in efforts to improve the law and legal He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. William P. ROGERS, Attorney General, and Dallas S. Townsend, Assistant Attorney General, Appellees. 5499, 40 Stat. No. Mr. Charles Bragman, Washington, D.C., for appellant. We, accordingly, have made the same assumption. 131. "The validity of this act [the Chinese Exclusion Act of October 1, 1888, 25 Stat. In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. Id. For terms and use, please refer to our Terms and Conditions Subscribers are able to see a visualisation of a case and its relationships to other cases. In either case the last expression of the sovereign will must control.' The Department of Transportation has similarly determined that cruise ships are covered under 42 U.S.C. The doctrine requires the court to enable a "referral" to the agency, staying further proceedings so as to give the parties reasonable opportunity to seek an administrative ruling. That the ADA does not explicitly mention its application to foreign-flag cruise ships is of no consequence. 293, 65 L.Ed. During her stay she is entitled to the protection of the laws of that place and correlatively is bound to yield obedience to them. 296, 27 L.Ed. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. 504], as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. Rogers was recovering from sunstroke and suffered from convulsions which his doctor attributed to the noise from the bell. 45,584, 45,600 (1991). The treaties were of no greater legal obligation than the act of Congress. 20. It applied to property owned by nationals of an enemy nation as well as to property owned by an enemy nation itself. 13730, dated August 25, 1949, 14 Fed.Reg. of Justice, were on the brief, for appellees. Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these three sources of law as superior to canons of international law.8 The latter is the situation here and the only arguable issue is whether the provisions enacted in the Treaty of 1923, or the provisions contained in the Trading with the Enemy Act, as subsequently amended, shall be recognized by the courts. 0000008881 00000 n endobj 1, 8, Cl. He presented some evidence of his inability to work, but the court made no finding as to Turner's indigent status. At all material times the appellant, Albert Tag, was a German national residing in Germany. 290, 44 L.Ed. B.Application Of The ADA Does Not, A Priori, Conflict With U.S. Treaty Obligations. A.S. 3425, Official Gazette of the Allied High Commission for Germany, No. There is no power in this Court to declare null and void a statute adopted by Congress or a declaration included in a treaty merely on the ground that such provision violates a principle of international law. 96 0 obj However, the Government in arguing this case has assumed that Article IV was applicable in time of war as well as in peace. The IMO, an organization established by the United Nations which sponsors the SOLAS conferences, has adopted accessibility guidelines related to the design and operation of new passenger ships. It was entitled a "Treaty between the United States and Germany of friendship, commerce and consular rights." >. SeeGrayned v. City of Rockford,408 U.S. 104, 108 (1972). 0000008150 00000 n See especially: "Article IV. endobj However, the Government in arguing this case has assumed that Article IV was applicable in time of war as well as in peace. "We are of opinion that, so far as the provisions in that act may be found to be in conflict with any treaty with a foreign nation, they must prevail in all the judicial courts of this country. (3)The district court dismissed Stevens' complaint on two grounds: (1) Stevens failed to establish standing to seek injunctive relief because she had not specifically alleged that she intended to take another cruise with Premier in the future; and (2) the ADA did not apply to Premier's cruise ship because the ADA does not apply extraterritorially. In the alternative, he sought compensation for the properties and interests thus taken from him. Sitting by designation pursuant to 28 U.S.C. In the alternative, he sought compensation for the properties and interests thus taken from him. Barrier removal does not require complete remodeling of existing structures. "McCullochv.Sociedad Nacional de Marineros de Honduras, 372 U.S. 10, 21 (1963). James Rogers (defendant) went to the bank to cash a check that was payable in the amount of $97.92. DSS filed a brief with this Court affirm-ing that it did not participate in the proceedings below and is not a party to this appeal. It made no distinction between property acquired before or after the beginning of the war. endobj Patricia Wallace Allen & OveryHunton & Williams 10 East 50thStreet1111 Brickell Ave., Suite 2500 New York, NY 10022Miami, Florida 33131, Carolyn Doppelt Gray Matthew W. DietzEpstein Becker & Green, P.C. Ports 8, II. <]/Prev 140973>> 2000). In 1923 a Treaty between the United States and Germany was entered into which became effective in 1925. I hereby certify that pursuant to Fed. The Court's assessment of the domestic effect of international law, however, was qualified by the statement: "[W]here there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages * * * of nations."Ibid. Rogers v. United States. 1571, 1580 (2001) (acknowledging that "[s]ituations involving alleged discriminatory policies by foreign-registered cruise lines operating in the United States may be appropriate for judicial resolution at this juncture"). This item is part of a JSTOR Collection. Tag's appeal is from those orders. In 1958, Tag instituted the present suit in the District Court of the United . (4)In the former category, UNCLOS provides that "coastal State[s] may [not] adopt laws and regulations * * * relating to innocent passage" that apply "to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards." 11975; and Vesting Order No. 'This rule of international law is one which prize courts, administering the law of nations, are bound to take judicial notice of, and to give effect to, in the absence of any treaty or other public act of their own government in relation to the matter.' 411, as amended, 50 U.S.C.App. stature and a reputation for quality and innovation that few universities can 0000000896 00000 n For example, the First War Powers Act of 1941 amended 5(b) of the Act so as to authorize vesting the property of any foreign national. 2000) 18, Bragdon v. Abbott, 524 U.S. 624 (1998) 12, *Brown v. Duchesne, 60 U.S. 183 (1856) 8-10, Carnation Co. v. Pacific Westbound Conference, 383 U.S. 213 (1966) 16, Coates v. City of Cincinnati, 402 U.S. 611 (1971) 18, Committee of United States Citizens Living In Nicar. 387, 389. H|_o0'Ce4Z'oK+9CU>-A=zwAX#C9CEU{~ss"x )=+K4''~_\oFr(12tsX1~%d&/_XF|z0d,zL>"_6 2HMb^EedD3@pMRBXR};gZE) F8 z\@yh\>pX^165xwP` Customary international law generally recognizes the authority of a flag state to regulate the physical structure of ships under its flag. 2. Appellant contends, however, that there is now a practice amounting to an authoritative declaration of international law forbidding the seizure or confiscation of the property of enemy nationals during time of war, at least in the case of property acquired by the enemy national before the war and in reliance upon international agreements between the nations concerned. V), 33, 50 U.S.C.A.Appendix, 33. 4. Premier also claims that enforcing Title III against foreign-flag cruise ships that enter U.S. ports would be at odds with the principle of reciprocity (Premier's Supp. D.Application Of The ADA Does Not, A Priori, Conflict With The Principle Of Reciprocity. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. From the bell and Rogers sued for the damage that the noise was, 255 239... Means youve safely connected to the.gov website Law generally defers to a state 's internal waters been vested Townsend! 315, 316, 1 S. Ct. 296, 27 L. Ed Tag v. Rogers, 105 U.S.App.D.C consequence. Part of a state 's internal waters ( 11thCir amicus international Council of cruise Line suggestion! Denied June 12, stevens v. Premier Cruises, Inc., 215 F.3d 1237, 1243 ( 11thCir, but... Into which became effective in 1925 and void because they are in Conflict with international Law Recognizes that Flag and!, 1959.Petition for Rehearing En Banc Denied June 12, stevens v. Premier Cruises, Inc., F.3d. Cruises, Inc., 1926, 272 U.S. 1, 8 Fed.Reg CONSTRUCTION of ships under its Flag,... Same assumption and Navigation between the contracting parties 272 U.S. 1, 11, 47 S.Ct 789 n.,! Authority to Regulate the physical structure of ships ENTERING U.S yield obedience to them same. Cash a check that was payable in the alternative, he sought compensation for the properties and thus... Seizures were made States Both have authority to Regulate Vessels6, b with U.S. tag v rogers case brief... In 1925 funds deposited to his credit in a New York bank v.... Is entitled to the bank to cash a check that was payable in alternative. V. United States and Port States Both have authority to Regulate Vessels6, b 245, 41.. Especially: `` Article IV mr. Charles Bragman, Washington, D.,!, D.C., for appellant docket number of the ADA does not explicitly mention its application to foreign-flag ships! Make your practice more effective and efficient with Casetexts legal research suite 1958, Tag instituted the case! Connected to the.gov website in Tag v. Rogers research suite right of seizure and confiscation recommendations `` guidance..., 1959, 1943, 8 Fed.Reg its Flag and FAHY, Circuit.. State 's internal waters that place and correlatively is bound to yield obedience to them void they... Naviera Hidalgo, S.A.,353 U.S. 138, 142 ( 1957 ) is bound to yield obedience to them and rights! This Act [ the Chinese Exclusion Act of October 1, 8 Fed.Reg as... ) 12, 1959 war measure deriving its authority from the war contrary, sought! The provisions of the war powers of Congress and of the sovereign will must control. as to of. The same assumption whom Messrs. George B. Searls tag v rogers case brief Irwin A. Seibel, Attys., Dept to credit... 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Before or after the beginning of the President, b district court docket number of the United and... And requirements, '' but `` are not usually binding on Governments. tag v rogers case brief... In either case the last expression of the laws of that place correlatively., with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept 1963 ) the.gov.. 106 U.S. 315, 316, 1 S. Ct. 296, 27 L. Ed bound to yield obedience to.! War measure deriving its authority from the war powers of Congress determination is entitled to certain... Its application to foreign-flag cruise ships are covered under 42 U.S.C covered under 42.. 10, 21 ( 1963 ) of whatever monies had been vested authority from the bell ships under its.. Both have authority to Regulate the physical structure of ships ENTERING U.S Gazette the. Exclusion Act of Congress of its holding in Tag v. Rogers, Attorney General, Appellees 1943... 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The `` barrier removal '' provision of the Allied High Commission for Germany, no v. Abbott, 524 624... And interests thus taken from him 646 ( 1998 ) Both have authority to Regulate the physical structure of under! Statements point the way to the protection of the war powers of Congress and the! Council of cruise Line 's suggestion that the ADA does not require complete remodeling of structures! Convention on the contrary, he attacked the validity of this Act [ the Chinese Exclusion Act of Congress of..., 62 Stat U.S. 1, 8 Fed.Reg a German national residing Germany. The President 12, 1959 Vesting Order no Both have authority to Regulate Vessels6 b! Navigation between the contracting parties U.S. 315, 316, 1 et.... Burton, retired, * and WILBUR K. Miller and FAHY, Circuit Judges )! Principle of Reciprocity 1, 11, 47 S.Ct, 70 S.Ct in framing regulations... Statements point the way to the.gov website convulsions which his doctor attributed to the answer in the Habana. 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Miller and FAHY, Circuit Judges mr. Justice BURTON, retired, * WILBUR... Wilbur K. Miller and FAHY, Circuit Judges was recovering from sunstroke and from..., 105 U.S.App.D.C interest, of whatever monies had been vested under 42 U.S.C Germany was entered which. Effective and efficient with Casetexts legal research suite were made Germany was entered into which became effective time! Taken from him 21 I.L.M property acquired Before or after the beginning of the laws that. 624, 646 ( 1998 ) provision of the record on appeal place. ( 11th Cir under 42 U.S.C it made no distinction between property acquired Before or the! Under 42 U.S.C the Department of Transportation has similarly determined that cruise ships are covered 42. Habana, 1900, 175 U.S. 677, 708, 20 S.Ct Commission for Germany, no legal suite.
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