Eaglet Corp. v. Banco Central de Nicaragua

Second Circuit

Eaglet Corp. v. Banco Central de Nicaragua

23 F.3d 641

Court of Appeals for the Second Circuit·Decided April 27, 1994·No. No. 1672, Docket 94-7043·Published·Cited by 1 cases

Opinion

PER CURIAM:

We affirm for substantially the reasons stated by the district court. See Eaglet Carp. v. Banco Central de Nicaragua, 839 F.Supp. 232 (S.D.N.Y.1993). However, because the dismissal of the complaint was for lack of subject matter jurisdiction, both parties agree that the dismissal must be without prejudice. Fed.R.Civ.P. 41; see generally Costello v. United States, 365 U.S. 265, 284-88, 81 S.Ct. 534, 544-46, 5 L.Ed.2d 551 (1961).

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PER CURIAM:

We affirm for substantially the reasons stated by the district court. See Eaglet Carp. v. Banco Central de Nicaragua, 839 F.Supp. 232 (S.D.N.Y.1993). However, because the dismissal of the complaint was for lack of subject matter jurisdiction, both parties agree that the dismissal must be without prejudice. Fed.R.Civ.P. 41; see generally Costello v. United States, 365 U.S. 265, 284-88, 81 S.Ct. 534, 544-46, 5 L.Ed.2d 551 (1961).

Eaglet Corp. v. Banco Central de Nicaragua, 23 F.3d 641 (2d Cir. 1994).

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Opinion

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