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DUISBERG v. CROWLEY

No. 2936.

54 F.Supp. 365 (1944)

DUISBERG v. CROWLEY, Allen Property Custodian.

District Court, D. New Jersey.

March 6, 1944.

Attorney(s) appearing for the Case

Richard J. Fitzmaurice, of Orange, N. J., (Eugene L. Garey, Peter Keber, and A. J. Nydick, all of New York City, of counsel), for plaintiff.

Thorn Lord, U. S. Atty., of Trenton, N. J. and George A. McNulty, Chief, Alien Property Unit War Division, A. Matt Werner, General Counsel to Alien Property Custodian, and Louis P. Haffer, Atty., Alien Property Unit War Division, Department of Justice, all of Washington, D. C., for defendant.

FAKE, District Judge.

This suit is instituted under the provisions of the Trading With The Enemy Act, 50 U.S.C.A. Appendix § 9(a).

Issues now arise on motions to dismiss the complaint. It is argued for the defendant that this court is without jurisdiction to entertain the suit and that the complaint fails to state a cause of action, because plaintiff has failed to allege that he is not a "national" of a foreign country within the meaning of Section 5...

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