Swiss Bank Corp. v. Clark

BRIGHT, District Judge.

Defendant moves for judgment on the pleadings upon the ground that the complaint fails to state a claim upon which relief can be granted, for the reason that it appears that plaintiff is a national of a foreign country whose property the Alien Property Custodian was authorized to vest and retain under § 5(b) of the Trading With the Enemy Act, 50 U.S.C.A.Appendix, § 5(b), as amended by Title III of the First War Powers Act of 1941, § 301, 50 U.S.C.A.Appendix, § 616, and under Executive Order No. 9095, as amended, 50 U.S.C.A.Appendix, § 6 note.

Plaintiff claims that it has…