ROYAL EXCHANGE ASSURANCE v. BROWNELL


146 F.Supp. 563 (1956)

ROYAL EXCHANGE ASSURANCE, Trustee under Trust Deed and Supplementary Trust Deeds dated December 6, 1925, July 30, 1926 and July 30, 1929 from Deutsches Kalisyndikat G.m.b.H. to Royal Exchange Assurance, Plaintiff, v. Herbert BROWNELL, Attorney General of the United States of America, successor to the Alien Property Custodian, Defendant.

United States District Court S. D. New York.

November 21, 1956.


Attorney(s) appearing for the Case

Cahill, Gordon, Reindel & Ohl, New York City, for plaintiff. Mathias F. Correa, William W. Dulles, Peyton H. Moss, New York City, of counsel.

Dallas S. Townsend, Asst. Atty. Gen., Paul W. Williams, U. S. Atty., S. D. N. Y., New York City, James D. Hill, Irving Jaffe, Max Wilfand, William V. Redmann, Washington, D. C., for defendant.


WEINFELD, District Judge.

The plaintiff, Royal Exchange Assurance, a British corporation, brings this action under the Trading With the Enemy Act1 to recover $6,184,640.54 vested by the Alien Property Custodian as property of the Deutsches Kalisyndikat (hereafter called "Syndicate"), a German corporation.

The essence of the plaintiff's claim is that as trustee for bondholders under certain deeds of trust executed by the Syndicate...

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