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SWISS BANK CORPORATION v. MARKHAM

64 F.Supp. 927 (1945)

SWISS BANK CORPORATION v. MARKHAM, Allen Property Custodian.

District Court, S. D. New York.

December 28, 1945.

Attorney(s) appearing for the Case

White & Case, of New York City (Lowell Wadmond, James McCarron, and Robert Nelson Shiverts, all of New York City, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City, and C. E. Rhetts, Acting Head, War Division, Harry LeRoy Jones, Chief, Alien Property Unit, and Irving J. Levy, Chief Trial Atty., all of War Division, Department of Justice, all of Washington, D. C., (William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for defendant.

LEIBELL, District Judge.

This action was instituted against the Alien Property Custodian under Section 9(a) of the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 9(a), to recover certain shares of stock, in which plaintiff claims an interest as pledgee. The complaint alleges that the plaintiff is a foreign corporation organized and existing under the laws of Switzerland and that it maintains a New York Agency in the Borough of Manhattan, City of New York...

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