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PUBLIC ADMINISTRATOR OF NEW YORK COUNTY v. McGRATH

104 F.Supp. 834 (1952)

PUBLIC ADMINISTRATOR OF NEW YORK COUNTY v. McGRATH.

United States District Court S.D. New York.

May 21, 1952.

Attorney(s) appearing for the Case

Joseph A. Cox, New York City, Joseph T. Arenson, New York City, of counsel, for Public Administrator of New York County, as Administrator of Estate of Janis Freimanis, Deceased.

Harold I. Baynton, Asst. Atty. Gen., Myles J. Lane, U. S. Atty. Southern District of New York, New York City, James D. Hill, Irving Jaffe, Attorneys, Department of Justice, Washington, D. C., for defendant.

IRVING R. KAUFMAN, District Judge.

Defendant moves to dismiss the complaint on the ground that this court lacks jurisdiction over the subject matter in that, as it appears from the face of the complaint, the sole distributees of the estate which plaintiff seeks to administer are enemies or allies of enemies, as those terms are defined by the Trading with the Enemy Act, 50 U.S.C.A. Appendix, §§ 1, 2, and Congress has not consented that the United States be...

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