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Mercury
Business Machines
Penned by Justice Breitel (Aptril Subjects
of International Law
This case involves the issue of:
1 Unrecognized Government
4 De Facto Principle
Unrecognized Government
• - It is an instrumentality of the
government
• TC
- Defendant's defense was valid;
- Whether or not the trial court erred in ruling that Upright could not sue based
solely on unrecognition; or whether or not plaintiff could bring a suit against the
defendant;
- Whether or not the transaction entered into was illegal or violative of public
policy
Ruling
1. Yes.
The defendant, however, had not alleged that its transactions with the East
German Corporation was illegal or violative of public policy.
Ruling
2. No.
It was stated that the typewriters had been "shipped openly and passed
regularly through US Customs", defendant was obviously hard put to find a
policy that forbade suit or recovery against him if the transaction was both
permitted and facilitated by the federal government, without alleging such
policy, however, he could not prevail.