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GUESSEFELDT v. McGRATH.

No. 204.

342 U.S. 308 (1952)

72 S.Ct. 338

96 L.Ed. 342

GUESSEFELDT v. McGRATH, ATTORNEY GENERAL, SUCCESSOR TO THE ALIEN PROPERTY CUSTODIAN, ET AL.

Supreme Court of United States.

Decided January 28, 1952.

Attorney(s) appearing for the Case

William W. Barron argued the cause for petitioner. With him on the brief was Robert F. Klepinger.

James D. Hill argued the cause for respondents. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baynton, George B. Searls and Irwin A. Seibel.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This is a case brought under § 9 (a) of the Trading with the Enemy Act, 40 Stat. 411, as amended, 50 U. S. C. App. § 1 et seq.,1 to recover property vested by the Alien Property Custodian. The District Court granted the Government's motion to dismiss, holding that plaintiff, while not "resident within" Germany within...

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