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BROWNELL v. MERCANTILE TRUST COMPANY

No. 9590(3).

139 F.Supp. 834 (1956)

Herbert BROWNELL, Jr., Attorney General of the United States, as successor to the Alien Property Custodian, Plaintiff, v. MERCANTILE TRUST COMPANY and Carl Robert Pommer, as successor trustees of trust agreement dated April 6, 1932, between Robert W. Pommer, donor, and Mercantile-Commerce Bank and Trust Company and Robert W. Pommer, trustees, as amended March 2, 1934, and April 29, 1938, and Carl Robert Pommer, Carlo Pommer and Alfred Pommer, individually and as representatives of a class, Defendants.

United States District Court E. D. Missouri, E. D.

March 27, 1956.

Attorney(s) appearing for the Case

Max Wilfand, Dept. of Justice, Washington, D. C., W. Francis Murrell, Asst. U. S. Atty., St. Louis, Mo., for plaintiff.

William G. Guerri, of Thompson, Mitchell, Thompson & Douglas, St. Louis, Mo., for defendants.

HARPER, District Judge.

This action was brought by the Attorney General of the United States under Section 17 of the Trading with the Enemy Act, as amended, 50 U.S.C.A.Appendix, § 17, and Sections 1345 and 2201 of Title 28 U.S.C., for a declaration of his rights under a trust agreement executed April 6, 1932, by Robert Pommer, and subsequently amended.

Plaintiff asks this court to declare he is entitled to the corpus of a trust created by Robert Pommer...

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