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BROWNELL v. LEUTZ

Civ. No. 2728.

149 F.Supp. 98 (1957)

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.

March 12, 1957.

Attorney(s) appearing for the Case

Max Wilfand, Dept. of Justice, Washington, D. C., and Robert L. Vogel, U. S. Atty., Fargo, N. D., for plaintiff.

J. F. X. Conmy of Hyland, Conmy & Donahue, Bismarck, N. D., for defendants.

DAVIES, District Judge.

This action is for a declaratory judgment brought under 28 U.S.C.A. § 2201, by the Attorney General of the United States, as successor to the Alien Property Custodian, to determine the ownership of interests in property affected by the last will of Ferdinand Leutz, a United States citizen who died August 7, 1934.

The testator was domiciled at the time of his death in Hebron, Morton County, North Dakota. He was survived by four...

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