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UEBERSEE FINANZ-KORPORATION v. BROWNELL

Civ. A. No. 26453.

133 F.Supp. 615 (1955)

UEBERSEE FINANZ-KORPORATION, A.G., Liestal, Switzerland, Plaintiff, Fritz von Opel, Intervener-Plaintiff, v. Herbert BROWNELL, Jr., Attorney General and as Successor to the Alien Property Custodian, Defendant, Frima Trust Establishment of Vaduz, Liechtenstein, Hans Frankenberg, Eugen Meier and Adolf Gaeng, Intervener-Defendants.

United States District Court District of Columbia.

June 17, 1955.

Attorney(s) appearing for the Case

Edward J. Ennis, Arnold, Fortas & Porter, Thurman Arnold, Walter E. Gallagher, Washington, D. C., for plaintiff and interveners.

Dallas S. Townsend, Asst. Atty. Gen., James D. Hill, Walter T. Nolte, and Myron C. Baum, Washington, D. C., for defendant.

LAWS, Chief Judge.

In this suit intervener plaintiff seeks to recover an interest in property vested by the Alien Property Custodian in 1942 under provisions of the Trading with the Enemy Act of 1917, 40 Stat. 411, as amended by the First War Powers Act of 1941, 55 Stat. 839, 50 U.S.C.A. Appendix, § 5(b). At a former trial, in which plaintiff Uebersee sought to recover the property itself, this Court found that the enemy taint of plaintiff barred recovery. Uebersee...

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