Legal Opinion

N. v. Handelsbureau La Mola v. Robert F. Kennedy, Attorney General of the United States, as Successor to the Alien Property Custodian

Court of Appeals for the D.C. Circuit

Decided February 1, 1962No. 16417_1PublishedCited by 7 opinions

1Opinion of the Court

FAHY, Circuit Judge.

Appellant filed suit in the District Court, relying for jurisdiction upon section 9 (a) of the Trading with the Enemy Act, 1 to recover property vested under the Act by appellee’s predecessor as Alien Property Custodian. 2 The property consists of assets of appellant which were on deposit in banks in the United States. By the order now on appeal District Judge Walsh granted appellee’s motion for summary judgment. We agree that the suit may not be maintained.

One cannot maintain a suit under section 9'(a) to recover vested property unless the claimant is “not an enemy or…

2Cases cited17 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. Schilling v. RogersSupreme Court of the United States · 1960
  3. Stoehr v. WallaceSupreme Court of the United States · 1921
  4. Russian Volunteer Fleet v. United StatesSupreme Court of the United States · 1931
  5. Cummings v. Deutsche Bank Und DiscontogesellschaftSupreme Court of the United States · 1937

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3Cited by7 opinions

  1. Dr. Endre Ungar v. William French Smith, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1981
  2. Ursula Griffin v. Robert F. Kennedy, Attorney General, as Successor to the Alien Property CustodianCourt of Appeals for the D.C. Circuit · 1965
  3. Kennedy v. RommelCourt of Appeals for the D.C. Circuit · 1962
  4. Alma Helm Agajan v. Ramsey Clark, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1967
  5. Handelsvennootschap "Norma" N.V. v. KennedyCourt of Appeals for the D.C. Circuit · 1964

2 more not listed; retrieve them via the Exa API.

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