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International Association of Machinists and Aerospace Workers v. Organization of Petroleum Exporting Countries
Published online by Cambridge University Press: 27 February 2017
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- Type
- Judicial Decisions
- Information
- Copyright
- Copyright © American Society of International Law 1982
References
1 The defendants did not appear in the district court proceedings. Their position was argued to the court by amici and additional information was supplied by court-appointed experts.
2 477 F.Supp. 553 (CD. Cal. 1979). The district court also held that had there been jurisdiction, two alternative grounds for dismissal were present: first, that the OPEC nations were not “persons” within the meaning of the Sherman Act; second, that there was no proximate cause linking the oil price increases and OPEC activities.
3 649 F.2d 1354, 1358.
4 Id at 1359.
5 Ibid.
6 Id. at 1360 (quoting Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 428 (1964)).
7 Hunt v. Mobil Oil Corp., 550 F.2d 68, 78 (2d Cir.), 71 AJIL 780 (1977), cert, denied, 434 U.S. 984 (1977); Occidental of Umm al Qaywayn, Inc. v. A Certain Cargo of Petroleum Laden Aboard the Tanker Dauntless Coloctronis, 577 F.2d 1196 (5th Cir. 1978), cert, denied, 442 U.S. 928 (1979), 73 AJIL 141 (1979).
8 Cf. Parker v. Brown, 317 U.S. 341 (1943).
9 Alfred Dunhill of London, Inc. v. Republic of Cuba, 425 U.S. 682 (1976), 70 AJIL 828 (1976).