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FRAENKEL v. UNITED STATES

No. 70 Civ. 1390.

320 F.Supp. 605 (1970)

Frederick FRAENKEL, Plaintiff, v. The UNITED STATES of America, and David M. Kennedy, Secretary of the Treasury, and Leonard von B. Sutton, Theodore Jaffe and Sidney Freidberg, comprising together the Foreign Claim Settlement Commission of the United States of America, Defendants.

United States District Court, S. D. New York.

September 8, 1970.

Attorney(s) appearing for the Case

Brashich & Finley, New York City, for plaintiff; Deyan Ranko Brashich, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for the United States; Richard S. Toder, Asst. U. S. Atty., of counsel.

MANSFIELD, District Judge.

In this action by a claimant attacking the constitutionality of a provision of the War Claims Act of 1948, as amended, 50 U.S.C.App. § 2010, which bars judicial review of decisions of the Foreign Claims Settlement Commission, and seeking an order compelling the Commission to revoke the decision denying plaintiff's claim, defendants have moved to dismiss the complaint for lack of jurisdiction. For the reasons stated below, the motion...

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