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BROWNELL v. NATIONAL CITY BANK OF NEW YORK

131 F.Supp. 60 (1955)

Herbert BROWNELL, Jr., Attorney General of the United States, as Successor to the Alien Property Custodian, Petitioner, v. The NATIONAL CITY BANK OF NEW YORK, Respondent.

United States District Court S. D. New York.

May 3, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., New York City, for petitioner. James H. Falloon, Dept. of Justice, Washington, D. C., of counsel.

Shearman & Sterling & Wright, New York City, for respondent. Chauncey B. Garver, Wm. Harvey Reeves, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

This is an action under Section 17 of the Trading with the Enemy Act, 50 U.S. C.A.Appendix, § 1 et seq., for the enforcement of a vesting order and turnover directive issued by petitioner. After an answer had been interposed in the action, both parties moved for summary judgment. These motions are now before the Court.

In 1925 and in 1928 the respondent became the indenture trustee for a series of bonds under which Allgemeine...

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