01对外经济贸易大学英语.pdf
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博实教育,引领未来
对外经济贸易大学
2001 年博士研究生入学考试专业英语试题
专业:国际法学专业(国际经济法方向)
一、案例分析(从 3 个案例中选择 2 个;请用中文回答;每题 40 分,共 80 分)
Day v. Sidley Austin
431 U. S. 908 (1977).
This case involves a dispute between a former senior partner of Sidley Austin (S A),
a Chicago law firm, and some of his fellow partners. The controversy centers around the
merger between that firm and another Chicago firm. Liebman, Williams, Bennett, Baird and
Minow (Liebam firm), and the events subsequent to the merger which ultimately led to
plaintiff’s resignation. Plaintiff seeks damages chaiming a substantial loss of income, damage
to his professional reputation and personal embarrassment which resulted from his forced
resignation.
The matter is now before the Court on defendants’ motion for summary judgment. After
consideration of the pre – and post – hearing memoranda of counsel, answers to interrogatories,
affidavits, and oral arguments, this Court concludes that defendants’ motion for summary
judgment should be granted.
The Factual Background
The basic and material facts in this controversy may be brisfly detailed.
Mr. Day was first associated with sidley Austin in 1938. His legal career was
interrupted by World War II service in the Navy and by his tenure with both the Illinois state
government and as Postmaster General of the United States. Upon leaving the federal
government, he was instrumental in establishing a Washington office for the firm in 1963. As a
senior underwriting partner, he was entitled to a certain percentage of the firm’s profits, and
was also privileged to vote on certain matters, which were specified in the partnership
agreement. He was nev
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