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SORENSON v. SUTHERLAND

27 F.Supp. 44 (1939)

SORENSON et al. v. SUTHERLAND, Allen Property Custodian, et al.

District Court, S. D. New York.

January 30, 1939.

Attorney(s) appearing for the Case

Leonard B. Smith and Selden Bacon, both of New York City (Nathan L. Miller and Selden Bacon, both of New York City, of counsel), for Irving Trust Co., executor of Hermann Sielcken.

Sam E. Whitaker, Asst. Atty. Gen., Lamar Hardy, U. S. Atty., of New York City, Francis J. McNamara, Sp. Asst. to Atty. Gen., and Harry LeRoy Jones, Frank C. Sterck, and James A. Shipper, all of Washington, D. C., Attys., Department of Justice (David W. Wainhouse, Asst. U. S. Atty., of New York City, of counsel), for defendants.

GODDARD, District Judge.

This is a motion by the Attorney General of the United States to vacate the final decree entered herein on the 30th day of December, 1929, for the plaintiffs on the ground that the court was without jurisdiction of the suit because it was not a suit cognizable under the provisions of the Trading with the Enemy Act, 50 U.S.C.A. Appendix § 1 et seq., and was not otherwise properly within the jurisdiction of this court.

The suit...

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