Werner C. Von Clemm v. Elizabeth Rudel Smith, Treasurer of the United States, and International Mortgage & Investment Corporation, Intervenor

J. JOSEPH SMITH, Circuit Judge:

Werner C. von Clemm individually and as a partner of Rayford D. Alley, Trustee for von Clemm’s children, in Bridge Import Company, appeals from a judgment dismissing the suit brought pursuant to § 9(a) of the Trading with the Enemy Act, 50 U.S.C. App. § 9(a), by himself and Alley against the Treasurer of the United States and against the Attorney General, to recover property vested by the Alien Property Custodian under § 5 of the Act. The District Court for the Southern District of New York, Edward C. McLean, Judge, held that von Clemm was an enemy under the…