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F. A. R. LIQUIDATING CORPORATION v. BROWNELL

Civ. A. No. 1462.

140 F.Supp. 535 (1956)

F. A. R. LIQUIDATING CORPORATION, Plaintiff, v. Herbert BROWNELL, Jr., Attorney General of the United States of America, Successor to the Alien Property Custodian, Defendant.

United States District Court D. Delaware.

April 12, 1956.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr. (of Berl Potter & Anderson), Wilmington, Del., and Ernest S. Meyers (of Laporte & Meyers), New York City, for plaintiff.

Dallas S. Townsend, Asst. Atty. Gen., James D. Hill, Robert J. Wieferich and James H. Falloon, Washington, D. C., and Leonard G. Hagner, U. S. Atty., Wilmington, Del., for defendant.

LEAHY, Chief Judge.

The ultimate issue in this case is a fact issue. The conceded point is whether plaintiff has met the requirement of burden of proof. Defendant's case is plaintiff has failed to meet such burden, and cannot ask the court to substitute assumptions or inferences from subsidiary facts, absent any master facts to support plaintiff's claim. At trial defendant objected to the admissibility in evidence of certain documents offered by plaintiff. In order...

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