Legal Opinion

Cabell v. Markham

Court of Appeals for the Second Circuit

Decided June 4, 1945No. 279PublishedCited by 482 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

This appeal depends upon the meaning of a part of the proviso to § 9(e) of the Trading with the Enemy Act, as amended on March 10, 1928, 50 U.S.C.A.Appendix, § 9(e), which we quote in the margin. The plaintiff filed a complaint under § 9(a) of that act, alleging that he was a creditor of an Italian insurance company, whose assets in this country the predecessor in office of the defendant, Markham, had seized, as Alien Property Custodian; and that he had presented his claim in due form to the Custodian, who refused to recognize it. The defendants moved to dismiss the…

2Cases cited13 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  4. United States v. HutchesonSupreme Court of the United States · 1941
  5. Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939

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3Cited by482 opinions

  1. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  2. Watt v. AlaskaSupreme Court of the United States · 1981
  3. Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
  4. Markham v. CabellSupreme Court of the United States · 1946
  5. United States v. Paul v. OatesCourt of Appeals for the Second Circuit · 1977

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