49 N.Y.2d 771, *; 403 N.E.2d 178, **;
426 N.Y.S.2d 473, ***; 1980 N.Y. LEXIS 2134
Liang Ren-Guey, Appellant, v. Lake Placid 1980 Olympic Games, Inc., Respondent
[NO NUMBER IN ORIGINAL]
Court of Appeals of New York
49 N.Y.2d 771; 403 N.E.2d 178; 426 N.Y.S.2d 473; 1980 N.Y. LEXIS 2134
February 12, 1980, Argued
February 12, 1980, Decided
PRIOR HISTORY:
Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered February 11, 1980, which (1) granted the motion by the United States Attorney General to permit the filing of and consider a statement of interest of the United States, (2) reversed, on the law, an order of the Supreme Court at Special Term (Norman L. Harvey, J.), entered in Essex County, granting, in part, plaintiff's motion for a preliminary injunction to the extent that defendant Olympic Games, Inc., be enjoined from doing any act which would make it impossible for plaintiff to participate in the 1980 Winter Olympics and to enjoy the same privileges as are extended to all athletes from all nations, that the national flag, emblem and official anthem of the Republic of China shall be used, and that plaintiff shall not be denied residential privileges in the Olympic Village, (3) denied plaintiff's motion for a preliminary injunction, and (4) dismissed the complaint. At a meeting held in October, 1979, the Executive Board of the International Olympic Committee (IOC) adopted a resolution allowing the National Olympic Committee from the People's Republic of China to use that nation's official flag, anthem and emblem, while changing the name of the National Olympic Committee from the Republic of China, known as Taiwan, and requiring submission of alternatives for the flag, anthem and emblem to be used by the Taiwanese at the 1980 Winter Olympic Games. Plaintiff is an athlete selected by Taiwan to participate in the Games and defendant is a not-for-profit corporation established to serve as a surrogate of the IOC to operate the Games. Plaintiff brought this action seeking an injunction staying the Games unless defendant allows him to use the flag, emblem, name and anthem of the Republic of China.
Liang Ren-Guey v Lake Placid 1980 Olympic Games, 72 AD2d 439.
DISPOSITION: Order affirmed.
HEADNOTES:
Courts -- Jurisdiction -- Management of Olympic Games
An order of the Appellate Division which granted a motion by the United States Attorney General to permit the filing of and consider a statement of interest of the United States, reversed an order granting plaintiff's motion for a preliminary injunction to the extent that defendant be enjoined from doing any act which would make it impossible for plaintiff to participate in the 1980 Lake Placid Winter Olympic Games using the national flag, emblem and official anthem of the Republic of China, denied the motion for a preliminary injunction and dismissed the complaint, is affirmed. In view of the statement of interest submitted on behalf of the Department of State, the court must refrain from the exercise of jurisdiction to resolve a dispute which has at its core the international "two-Chinas" problem.
COUNSEL: Bernard H. Goldstein, David M. Goldberg and Glenn Reisman for appellant.
William S. Greenawalt and William Kissel for respondent.
Benjamin R. Civiletti, Attorney General (Mark C. Rutzick, Alice Daniel, George H. Lowe and Dennis Linder of counsel), for the United States.
JUDGES: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in Per Curiam opinion.
OPINIONBY: PER CURIAM
OPINION: [*773] [**179] [***474] OPINION OF THE COURT
In view of the statement of interest submitted by the Attorney General of the United States on behalf of the Department of State pursuant to section 517 of title 28 of the US Code, we are persuaded that the courts of our State must refrain from the exercise of jurisdiction to resolve a dispute which has at its core the international "two-Chinas" problem.
Accordingly, the order of the Appellate Division should be affirmed, without costs.