Smith v. Federal Reserve Bank of New York

Second Circuit

Smith v. Federal Reserve Bank of New York

75 F. App'x 860

CourtCourt of Appeals for the Second Circuit

DecidedSeptember 29, 2003

DocketNo. 03-6195

StatusPublished

Cited by1 cases

This text of 75 F. App'x 860 (Smith v. Federal Reserve Bank of New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Smith v. Federal Reserve Bank of New York, 75 F. App'x 860 (2d Cir. 2003).

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Opinion

[861]*861SUMMARY ORDER

Plaintiffs Raymond Anthony Smith and Katherine Soulas brought this declaratory judgment action against Defendants Federal Reserve Bank of New York and the Honorable John Snow, Secretary of the Treasury, seeking to satisfy a prior judgment against the Iraqi government by attaching certain Iraqi funds frozen by the United States and held by the Federal Reserve Bank of New York. The district court granted Defendants’ motion for summary judgment and dismissed the complaint. See Smith v. Fed. Reserve Bank, No. 03-Civ.-5658 (HB), 2003 WL 22103452, at *8, 2003 U.S. Dist. Lexis 15949, at *27-*28 (S.D.N.Y. Sept.11, 2003). By Order dated September 19, 2003, the district court denied Plaintiffs’ motion for a stay pending appeal. Plaintiffs moved this Court for a stay, and on September 23, 2003, a two-judge panel of this Court enjoined Defendants from disposing of the assets in question until the case was decided on the merits and set an extremely compressed briefing schedule.

By this Order, we affirm the judgment of the district court, with opinion to follow later this week. We also dissolve the injunction, although we leave it in place for two days to allow Plaintiffs an opportunity to seek review from the Supreme Court. Therefore, the injunction shall be lifted as of 5:00 p.m. Wednesday, October 1, 2003.

The judgment of the district court is AFFIRMED.

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[861]*861SUMMARY ORDER

Plaintiffs Raymond Anthony Smith and Katherine Soulas brought this declaratory judgment action against Defendants Federal Reserve Bank of New York and the Honorable John Snow, Secretary of the Treasury, seeking to satisfy a prior judgment against the Iraqi government by attaching certain Iraqi funds frozen by the United States and held by the Federal Reserve Bank of New York. The district court granted Defendants’ motion for summary judgment and dismissed the complaint. See Smith v. Fed. Reserve Bank, No. 03-Civ.-5658 (HB), 2003 WL 22103452, at *8, 2003 U.S. Dist. Lexis 15949, at *27-*28 (S.D.N.Y. Sept.11, 2003). By Order dated September 19, 2003, the district court denied Plaintiffs’ motion for a stay pending appeal. Plaintiffs moved this Court for a stay, and on September 23, 2003, a two-judge panel of this Court enjoined Defendants from disposing of the assets in question until the case was decided on the merits and set an extremely compressed briefing schedule.

By this Order, we affirm the judgment of the district court, with opinion to follow later this week. We also dissolve the injunction, although we leave it in place for two days to allow Plaintiffs an opportunity to seek review from the Supreme Court. Therefore, the injunction shall be lifted as of 5:00 p.m. Wednesday, October 1, 2003.

The judgment of the district court is AFFIRMED.

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75 F. App'x 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-federal-reserve-bank-of-new-york-ca2-2003.

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