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ROGERS v. HERTLEIN

Civ. No. 15971.

167 F.Supp. 454 (1958)

William P. ROGERS, Attorney General of the United States, as Successor to the Alien Property Custodian, Plaintiff, v. Ludwig HERTLEIN, Defendant.

United States District Court E. D. New York.

October 31, 1958.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., for plaintiff, Lee B. Anderson, Atty., U. S. Dept. of Justice, Washington, D. C., of counsel.

Luttinger & Passannante, New York City, for defendant, George Luttinger, New York City, of counsel.

ZAVATT, District Judge.

The plaintiff moves for judgment on the pleadings pursuant to Rule 12(c) Rules of Civil Procedure, 28 U.S.C.A. and thereby raises a novel question under the Trading with the Enemy Act of 1917, as amended. 50 U.S.C.A.Appendix §§ 1-40, hereinafter referred to as the "Act". In his complaint in a proceeding instituted under § 17 of the Act, the plaintiff alleges that the defendant became indebted to an enemy of the United States...

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