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BROWNELL v. LEUTZ

Civ. No. 2728.

136 F.Supp. 783 (1956)

Herbert BROWNELL, Jr., Attorney General of the United States, as successor to the Alien Property Custodian, Plaintiff, v. Hans LEUTZ, Fritz Leutz, Lottie Leutz, Anna Leutz, Carl Helge Anderson, and P. S. Jungers, individually and as testamentary trustee under the last will and testament of Ferdinand Leutz, deceased, Defendants.

United States District Court D. North Dakota, Southwestern Division.

January 11, 1956.

Attorney(s) appearing for the Case

Robert Vogel, U. S. Atty., Fargo, N. D., for plaintiff.

Richard P. Rausch, Johnson & Rausch, Bismarck, N. D., J. F. X. Conmy, Hyland & Conmy, Bismarck, N. D., for defendants.

REGISTER, District Judge.

This matter is before the Court on defendants' motion for summary judgment under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that on the basis of the pleadings, files and records there is no genuine issue as to any material fact. The basis of such motion is: (1) That this Court has no jurisdiction of the subject matter of the controversy, and (2) That the action constitutes...

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