Hawley v. Brownell, Atty. Gen. Of United States

PRETTYMAN, Circuit Judge.

This is a suit to compel the Alien Property Custodian to return to the plaintiff, who is our appellant, certain interests in property vested by the Custodian. The action is brought, according to the complaint, under Sections 9(a) and 32(a) of the Trading with the Enemy Act. 1 The District Court granted summary judgment for the defendant and dismissed the complaint.

It seems plain that the complaint, viewed as a suit pursuant to Section 9, was barred by the statute of limitations. Section 33 of the Act provides that no such suit may be instituted after April 30, 1949,…